Oregon Statute | Act | Code |Title 30 Education And Culture| US Code - US Statute | Chapter 342 Teachers And Other School Personnel

As used in this chapter, unless the context
requires otherwise:

(1) “Administrator” includes all superintendents, assistant
superintendents and principals in the public schools or education service
districts.

(2) “Approved teacher education institution” is one which meets the
standards of the Teacher Standards and Practices Commission for
preparation of teachers for preprimary programs and grades 1 through 12.

(3) “Approved teacher education program” is one offered by an
approved teacher education institution and is so recognized by the
Teacher Standards and Practices Commission, after considering
recommendations of the State Board of Education.

(4) “Commission” means the Teacher Standards and Practices
Commission.

(5) “Educational assistant” means a classified school employee who
does not require a license to teach, who is employed by a school district
or education service district and whose assignment consists of and is
limited to assisting a licensed teacher in accordance with rules
established by the State Board of Education.

(6) “Instruction” includes direction of learning in class, in small
groups, in individual situations, in the library and in guidance and
counseling, but does not include the provision of related services, as
defined in ORS 343.035, to a child identified as a child with
disabilities pursuant to ORS 343.146 to 343.183 when provided in
accordance with ORS 343.221.

(7) “Intern teacher” means a regularly enrolled student of an
approved teacher education institution who teaches under the supervision
of the staff of the institution and of the employing school district in
order to acquire practical experience in teaching and for which the
student receives both academic credit from the institution and financial
compensation from the school district or education service district.

(8) “State board” means the State Board of Education.

(9) “Teacher” includes all licensed employees in the public schools
or employed by an education service district who have direct
responsibility for instruction, coordination of educational programs or
supervision or evaluation of teachers and who are compensated for their
services from public funds. “Teacher” does not include a school nurse as
defined in ORS 342.455.

(10) “Teaching license” means a license issued under ORS 342.125 or
342.144. [1961 c.439 §1; 1965 c.100 §348; 1965 c.550 §1; 1973 c.270 §2;
1975 c.278 §1; 1981 c.393 §1; 1981 c.469 §5; 1989 c.125 §1; 1993 c.45
§149; 2001 c.653 §4]LICENSING AND REGISTRATION OF TEACHERS AND ADMINISTRATORS(Generally)(1) The Teacher
Standards and Practices Commission shall issue licenses to teachers and
administrators who possess the minimum competencies, knowledge and skills
to teach and administer in the public schools of the state.

(2) In addition to a teaching or administrative license, a person
may obtain certification, indicating a higher degree of competency,
knowledge and skill based on work experience and advanced study, from a
professional organization of teachers or administrators, either on the
state or national level. However, a teaching certificate or
administrative certificate shall not be required to teach or administer
in a public school of this state. [1991 c.662 §11; 1993 c.45 §151]Note: 342.121 was added to and made a part of 342.120 to 342.430 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) There is
created the Professional Organizations Certification Fund, separate and
distinct from the General Fund. Interest earned on moneys in the
Professional Organizations Certification Fund shall be credited to the
fund.

(2) The Teacher Standards and Practices Commission may accept from
any source any grant, donation or gift of money or other valuable thing
made to the commission for purposes of the Professional Organizations
Certification Fund.

(3) Moneys credited to the Professional Organizations Certification
Fund are continuously appropriated to the commission for the purposes of
advanced certifications of teachers and administrators in accordance with
ORS 342.121 (2). The commission may draw checks or orders upon the State
Treasurer in making disbursements from the Professional Organizations
Certification Fund for the purposes stated in this subsection. [2001
c.381 §2]Note: 342.122 was added to and made a part of 342.120 to 342.430 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) In addition to
and not in lieu of any other law or rule or standard established by the
Teacher Standards and Practices Commission, the commission shall require
an applicant for a teaching license or any renewal thereof demonstrate
knowledge of Title VI of the Civil Rights Act of 1964, Title IX of the
Education Amendments of 1972, and federal statutes pertaining thereto, as
well as state statutes prohibiting discrimination.

(2) An applicant shall be required to demonstrate knowledge of
federal and state statutes prohibiting discrimination required by
subsection (1) of this section only once. [1977 c.805 §2; 1981 c.663 §1](1) Teaching licenses shall be issued and renewed by
the Teacher Standards and Practices Commission by the authority of the
State of Oregon, subject to ORS 342.120 to 342.430 and the rules of the
commission.

(2) Subject to subsection (4) of this section, teaching licenses
shall be of the following types:

(a) Basic teaching license.

(b) Standard teaching license.

(c) Administrative license.

(d) Restricted teaching license.

(3) Subject to ORS 342.130 and to subsection (4) of this section
and in addition to the teaching licenses described in subsection (2) of
this section, licenses shall be of the following types:

(a) Initial teaching license.

(b) Continuing teaching license.

(c) Initial personnel service license.

(d) Continuing personnel service license.

(e) Initial administrative license.

(f) Continuing administrative license.

(4) The Teacher Standards and Practices Commission may establish
other types of teaching licenses as it considers necessary for operation
of the public schools of the state and may prescribe the qualifications
for the licenses. However, no license established under the authority of
this subsection is required for a regular classroom teaching position in
the public schools.

(5)(a) The Teacher Standards and Practices Commission shall
establish a public charter school teacher registry. The commission shall
require the applicant and the public charter school to jointly submit an
application requesting registration as a public charter school teacher.
The application shall include:

(A) A description of the specific teaching position the applicant
will fill;

(B) A description of the background of the applicant that is
relevant to the teaching position, including any post-secondary education
or other experience; and

(C) Documentation as required by the commission for the purposes of
conducting a criminal records check as provided in ORS 181.534 and a
background check through an interstate clearinghouse of revoked and
suspended licenses.

(b) Subject to the results of the criminal records check and
background check, the commission shall approve the application for
registration. The commission may deny a request for registration only on
the basis of the criminal records check or the background check through
an interstate clearinghouse of revoked and suspended licenses. The
registration is valid for three years and may be renewed upon joint
application from the teacher and the public charter school.

(c) A registration as a public charter school teacher qualifies its
holder to accept the teaching position described in the application in
the public charter school that submitted the application with the holder
of the registration.

(6) The Teacher Standards and Practices Commission shall adopt an
expedited process for the issuance of any license established pursuant to
this section. The process may require a school district superintendent or
school district board and the applicant to jointly submit an application
requesting an emergency license. Within two working days after receiving
a completed application the commission shall issue the emergency license.
However, the commission may limit the number of applications for
expedited service from a school district or education service district to
not more than 100 applications in a period of two working days. For
purposes of this subsection, the commission may not distinguish between a
school district or education service district involved in a labor dispute
Note: Section 154, chapter 45, Oregon Laws 1993, provides:

Sec. 154. Subject matter endorsement. Notwithstanding ORS 342.125
(2) and 342.135, a teacher shall be granted a subject matter endorsement
if the teacher held a basic license and a subject matter endorsement on
or before January 1, 1981. [1993 c.45 §154; 2005 c.209 §35](1) Except as provided in subsection (2) of this section,
within 90 days after receiving an initial or basic teaching license under
ORS 342.125, the holder of the license shall obtain a recognized first
aid card. Failure to obtain the card shall result in suspension of the
teaching license pursuant to ORS 342.175.

(2) The Teacher Standards and Practices Commission may waive the
requirement of subsection (1) of this section for any holder of a
teaching license who has taken a recognized first aid course of study but
who is unable by reason of physical disability to obtain a recognized
first aid card.

(3) The commission by rule shall specify the procedure whereby the
holder of a teaching license can obtain the waiver authorized by
subsection (2) of this section. [1977 c.826 §2; 1981 c.180 §1; 1993 c.45
§155; 1997 c.383 §10] (1) The Teacher Standards and Practices
Commission shall establish and the commission shall collect:

(a) A fee not to exceed $100 for evaluation of the initial
application for each teaching license for which application is made. If
the applicant is eligible for the teaching license for which application
is made and the license is issued within 90 days of original application,
the commission shall issue the license without additional charge.

(b) A fee not to exceed $100 for the renewal of each teaching
license and a fee not to exceed $20 for each duplicate teaching license.

(c) A fee not to exceed $800 for a beginning teacher assessment
conducted in lieu of an approved preparation program required for
licensure.

(d) A fee not to exceed $200 for alternative assessment conducted
in lieu of a passing score on a licensure examination established by the
commission.

(e) A fee not to exceed $75 for registration as a public charter
school teacher that includes any fee charged pursuant to ORS 342.223 or
rules adopted under ORS 181.534.

(f) A fee not to exceed $75 for renewal of a registration as a
public charter school teacher that includes any fee charged pursuant to
ORS 342.223 or rules adopted under ORS 181.534.

(2) In addition to the fee required by subsection (1) of this
section for the issuance of a teaching license, the Teacher Standards and
Practices Commission shall collect a fee not to exceed $150 for the
evaluation of an applicant requesting licensing based upon completion of
other than an Oregon approved teacher education program.

(3) In addition to the fees required by subsection (1) of this
section, the Teacher Standards and Practices Commission shall collect a
late application fee not to exceed $25 per month up to a maximum of $125
from an applicant who fails to make timely application for renewal of the
license or registration. The actual amount of the fee shall be determined
in accordance with rules of the Teacher Standards and Practices
Commission.

(4) In spite of the expiration date posted on the license, the
license shall continue to be valid for purposes of ORS 342.173 for an
additional 120 days. However, the district may require a statement from
the applicant indicating that the applicant has completed the
requirements for license renewal.

(5) In addition to the fee required by subsection (1) of this
section for the issuance of a teaching license, the commission shall
collect a fee not to exceed $150 for the reinstatement of a license that
has been revoked by the commission for gross neglect of duty or gross
unfitness under ORS 342.175.

(6) In addition to the fee required by subsection (1) of this
section for the issuance of a teaching license, the commission shall
collect a fee not to exceed $100 for the issuance of any emergency
license through an expedited process at the request of any school
district or education service district that seeks to employ the applicant.

(7) Fee rates established under this section shall cover, but not
exceed, the full cost of administrative expenses incurred by the
commission during any biennium. [Subsections (1) and (2) formerly part of
342.125; subsection (3) enacted as 1965 c.535 §14; 1969 c.416 §1; 1971
c.41 §1; 1973 c.270 §4; 1981 c.663 §3; 1983 c.14 §1; 1991 c.144 §1; 1993
c.45 §156; 1997 c.165 §1; 1997 c.352 §3; 1999 c.199 §4; 1999 c.768 §1;
2005 c.730 §18]
(1) Nothing in ORS 342.120 to 342.173 is intended to invalidate the life
of any certificate or diploma in effect on June 30, 1965, nor to
invalidate the rights granted prior to June 30, 1965, by the law and the
rules of the State Board of Education under which the certificate or
diploma was issued.

(2) Nothing in chapter 550, Oregon Laws 1965, is intended to
invalidate the life of any teaching certificate in effect on August 13,
1965, or to alter the rights and privileges granted prior to August 13,
1965, by the law under which the teaching certificate was issued.

(3) Nothing in ORS 342.120 to 342.173 is intended to invalidate the
life of any basic or standard teaching or administrative license in
effect prior to January 15, 1999, nor to invalidate the rights granted
prior to January 15, 1999, by the law and by the rules of the Teacher
Standards and Practices Commission under which the license was issued.
[1961 c.439 §3; 1965 c.100 §350; subsection (2) enacted as 1965 c.550 §4;
1997 c.383 §2; 1999 c.59 §89](1) A teaching license provided for in this section shall
qualify its holder to accept any instructional assignment from preprimary
through grade 12 for which the holder has completed the professional
requirements established by the rules of the Teacher Standards and
Practices Commission.

(2)(a) A basic teaching license shall be issued on application to
an otherwise qualified person who has completed an approved teacher
education program and meets the other requirements that the Teacher
Standards and Practices Commission may consider necessary to maintain and
improve quality of instruction in the public schools of the state.

(b) Holders of the basic teaching license who meet the requirements
of the Teacher Standards and Practices Commission to teach in the regular
classroom program of the public schools in kindergarten through grade
nine may renew the basic license to qualify them to continue in such
teaching by verification of successful teaching experience and of
continuing professional development in keeping with Teacher Standards and
Practices Commission rules.

(c) A holder of the basic teaching license with an endorsement in
art, educational media, foreign language, health, home economics,
industrial arts, music, physical education and reading may renew the
initial basic license by verification of successful teaching experience
and of continuing professional development in keeping with Teacher
Standards and Practices Commission rules. This paragraph applies to
licenses for preprimary programs and grades 1 through 8 and shall include
grade 9 if the teacher is teaching in a middle school or a junior high.

(d) Secondary teachers may teach in the public schools, grades 5
through 12, in those subject fields in which they have met the
requirements of the Teacher Standards and Practices Commission.

(e) A holder of a standard teaching license who meets the
requirements of the Teacher Standards and Practices Commission to teach
in the regular classroom program of the public schools in kindergarten
through grade 12 is eligible to renew the standard license to qualify to
continue in such teaching by verification of successful teaching
experience and of continuing professional development consistent with
rules of the Teacher Standards and Practices Commission.

(3)(a) A standard teaching license shall be issued on application
to an otherwise qualified person who has completed an approved teacher
education program, has taught on a basic teaching license for a minimum
period of time to be determined by the Teacher Standards and Practices
Commission, and is recommended for licensing by the approved teacher
education institution or the school district, whichever offered the
program.

(b) Preparation shall be a planned education program consisting of
courses taken in an approved teacher education institution or in an
in-service training program offered by a school district for which credit
is given by an approved teacher education institution or some combination
of both, in accordance with rules of the Teacher Standards and Practices
Commission.

(4) Notwithstanding subsection (2) of this section, the Teacher
Standards and Practices Commission shall by rule adopt dates by which
continuing professional development is required for renewal of a basic or
standard teaching license. [1961 c.439 §4; 1965 c.100 §354; 1965 c.550
§3; 1973 c.270 §5; 1989 c.521 §1; 1993 c.45 §157; 1997 c.383 §6; 2005
c.209 §36]Note: See note under 342.125.(1) An initial teaching, personnel service or
administrative license shall qualify its holder to accept any assignment
from preprimary through grade 12 for which the holder has completed the
requirements established by the rules of the Teacher Standards and
Practices Commission.

(2) An initial license shall be issued on application to an
otherwise qualified person who has completed an approved professional
education program and meets such other requirements as the commission may
consider necessary to maintain and improve the quality of instruction in
the public schools of the state.

(3) An initial license may be renewed if the applicant meets the
requirements established by the commission by rule. [1997 c.383 §4; 2003
c.525 §1](1) A
continuing teaching, personnel service or administrative license shall
qualify the holder to accept any assignments for preprimary through grade
12 for which the holder has completed the advanced requirements
established by the rules of the Teacher Standards and Practices
Commission.

(2) A continuing license shall be issued on application for five
years to an otherwise qualified person who has:

(a) Completed an advanced professional education program approved
by the commission;

(b) Been employed for a minimum period of time to be determined by
the commission in:

(A) An Oregon public school;

(B) An Oregon private school that meets the standards adopted by
the commission by rule or is registered as a private school under ORS
345.505 to 345.575; or

(C) Another educational setting approved by the commission; and

(c) Demonstrated minimum competencies, knowledge and skills
required for the continuing license through an approved teacher education
institution, school district, professional organization identified in ORS
342.121, or professional assessment approved by the commission.

(3) The holder of a continuing license may renew the continuing
license in accordance with the rules of the commission. [1997 c.383 §5;
2003 c.525 §2] (1) An administrative license shall
qualify its holder to serve in any administrative assignment for which
the holder has completed the professional requirements established by the
rules of the Teacher Standards and Practices Commission.

(2) An administrative license shall be issued and renewed on
application to an otherwise qualified person who meets such requirements
as to professional preparation and experience as the Teacher Standards
and Practices Commission may establish. [1961 c.439 §5; 1965 c.100 §355;
1973 c.270 §6; 1991 c.662 §6](1) No teaching,
personnel service or administrative license shall be issued to any person
until the person has attained the age of 18 years and has furnished
satisfactory evidence of proper educational training.

(2) The Teacher Standards and Practices Commission may also require
an applicant for a teaching, personnel service or administrative license
to furnish evidence satisfactory to the commission of good moral
character, mental and physical health, and such other evidence as it may
deem necessary to establish the applicant’s fitness to serve as a teacher.

(3) Without limiting the powers of the Teacher Standards and
Practices Commission under subsection (2) of this section and
notwithstanding ORS 670.280:

(a) No teaching, personnel service or administrative license or
registration as a public charter school teacher shall be issued to any
person who:

(A) Has been convicted of a crime listed in ORS 163.095, 163.115,
163.185, 163.235, 163.355, 163.365, 163.375, 163.385, 163.395, 163.405,
163.408, 163.411, 163.415, 163.425, 163.427, 163.435, 163.445, 163.465,
163.515, 163.525, 163.547, 163.575, 163.670, 163.675 (1985 Replacement
Part), 163.680 (1993 Edition), 163.684, 163.686, 163.687, 163.688,
163.689, 164.325, 164.415, 166.005, 166.087, 167.007, 167.012, 167.017,
167.062, 167.065, 167.070, 167.075, 167.080, 167.087, 167.090, 475.848,
475.852, 475.858, 475.860, 475.862, 475.864 (4), 475.868, 475.872,
475.878, 475.880, 475.882, 475.888, 475.890, 475.892, 475.904 or 475.906;

(B) Has been convicted under ORS 161.405 of an attempt to commit
any of the crimes listed in subparagraph (A) of this paragraph; or

(C) Has been convicted in another jurisdiction of a crime that is
substantially equivalent, as defined by rule, to any of the crimes listed
in subparagraphs (A) and (B) of this paragraph.

(b) The Teacher Standards and Practices Commission may refuse to
issue a license or registration to any person who has been convicted of a
crime involving the illegal use, sale or possession of controlled
substances.

(4) In denying the issuance of a license or registration under this
section, the commission shall follow the procedure set forth in ORS
342.176 and 342.177.

(5) The Department of Education shall provide school districts and
public charter schools a copy of the list contained in subsection (3) of
this section. [1965 c.100 §352; 1971 c.743 §357; 1973 c.270 §7; 1979
c.744 §14; 1987 c.158 §58; 1987 c.503 §6; 1993 c.45 §158; 1993 c.301 §6;
1993 c.603 §2; 1995 c.446 §8; 1995 c.768 §14; 1997 c.383 §§11,11a; 1999
c.199 §8; 1999 c.308 §1; 2005 c.708 §52] (1) As used in
this section, “American Indian tribe” means an Indian tribe as that term
is defined in ORS 97.740.

(2) The Legislative Assembly declares that teaching American Indian
languages is essential to the proper education of American Indian
children.

(3) The Teacher Standards and Practices Commission shall establish
an American Indian languages teaching license.

(4) Each American Indian tribe may develop a written and oral test
that must be successfully completed by an applicant for an American
Indian languages teaching license in order to determine whether the
applicant is qualified to teach the tribe’s native language. When
developing the test, the tribe shall determine:

(a) Which dialects will be used on the test;

(b) Whether the tribe will standardize the tribe’s writing system;
and

(c) How the teaching methods will be evaluated in the classroom.

(5) The test shall be administered at an appropriate location that
does not create hardship for the tribal members administering the test.

(6) The commission may not require an applicant to hold a specific
academic degree, to complete a specific amount of education or to
complete a teacher education program to receive an American Indian
languages teaching license.

(7)(a) An American Indian languages teaching license qualifies the
holder to accept a teaching position in a school district, public charter
school, education service district, community college or state
institution of higher education.

(b) A holder of an American Indian languages teaching license who
does not also have a teaching license issued under ORS 342.125 may not
teach in a school district or education service district any subject
other than the American Indian language they are approved to teach by the
tribe.

(c) A holder of an American Indian languages teaching license who
does not also have a teaching license or registration issued under ORS
342.125 may not teach in a public charter school any subject other than
the American Indian language they are approved to teach by the tribe.

(8)(a) As used in this subsection, “technical assistance program”
means a program provided to an American Indian languages teacher by a
licensed teacher with three or more years of teaching experience. A
technical assistance program may include direct classroom observation and
consultation, assistance in instructional planning and preparation,
support in implementation and delivery of classroom instruction, and
other assistance intended to enhance the professional performance and
development of the American Indian languages teacher.

(b) The holder of an American Indian languages teaching license who
does not also have an administrative license, teaching license or
registration issued under ORS 342.125 and who is employed by a school
district, public charter school or education service district shall
participate in a technical assistance program with a person holding a
teaching license issued by the commission under ORS 342.125. The
technical assistance program shall meet the guidelines specified in ORS
329.815 (1) to (3).

(9) An American Indian languages teaching license shall be valid
for three years and may be renewed upon application from the holder of
the license. [2001 c.653 §2](1) After considering recommendations of the State Board of
Education, the Teacher Standards and Practices Commission shall establish
by rule standards for approval of teacher education institutions and
teacher education programs. Public teacher education institutions shall
be approved for programs of more than four years’ duration only if
teacher education programs which are reasonably attainable in a four-year
period are also available in the system of higher education and are
designed to culminate in a baccalaureate degree that qualifies its
graduates for entry-level teaching licenses.

(2) The commission shall establish rules that allow teacher
education programs leading to graduate degrees to commence prior to the
student’s completion of baccalaureate degree requirements and that allow
the combined use of undergraduate and graduate level course work in
achieving program completion.

(3) Whenever any teacher education institution or program is denied
approved status or has such status withdrawn such denial or withdrawal
must be treated as a contested case within the meaning of ORS chapter 183.

(4) Nothing in this section is intended to grant any authority to
the commission relating to granting of degrees or establishing degree
requirements that are within the authority of the State Board of Higher
Education or any institutions under its jurisdiction or that are within
the authority of the governing board of any private institution of higher
education. [1973 c.270 §19; 1989 c.521 §2; 1989 c.690 §3; 1993 c.45 §159](1) Any applicant for a teaching
license to provide education to students who are blind, as defined in ORS
343.565, shall be required to demonstrate proficiency in reading and
writing Braille, as defined in ORS 343.565.

(2) Any applicant for a teaching license to provide education to
students who are blind shall be required to demonstrate proficiency by
completion of grade I and grade II Braille coursework at a college level.

(3) The Teacher Standards and Practices Commission shall adopt
procedures to assess the proficiencies developed through workshops and
courses in grade I and grade II Braille that are consistent with
standards set by the National Library Service for the Blind and
Physically Handicapped at the Library of Congress. [1993 c.380 §8; 1995
c.798 §2]Note: 342.153 was added to and made a part of 342.120 to 342.430,
but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation. (1) Pursuant to ORS chapter 183, the
Teacher Standards and Practices Commission shall adopt rules necessary
for the issuance, denial, continuation, renewal, lapse, revocation,
suspension or reinstatement of licenses or registrations issued under ORS
342.120 to 342.430. The commission shall also adopt rules establishing
means in addition to those prescribed by law whereby teachers are able to
add additional endorsements to their teaching licenses.

(2) In establishing rules the commission shall consider:

(a) Its responsibilities to represent the public interest in the
development of educational policies;

(b) The capabilities of Oregon teacher education institutions to
prepare teachers;

(c) The norms required for the teaching assignments;

(d) The improvement of teaching;

(e) The adequacy of the teacher supply;

(f) The value of experience or nonacademic learning;

(g) The responsibilities imposed upon school districts by
geographic and demographic conditions;

(h) The recommendations of the State Board of Education and
Superintendent of Public Instruction; and

(i) Other matters that tend to improve education. [1961 c.439 §10;
1965 c.100 §359; 1965 c.535 §10; 1973 c.270 §8; 1979 c.307 §1; 1993 c.45
§161; 1999 c.199 §5; 2005 c.209 §37] (1) The Teacher Standards and
Practices Commission shall notify the State Board of Education of
proposed rules and shall solicit its advice before adoption.

(2) Within 60 days after receiving notice from the commission of
adoption of a rule, the state board on its motion or upon request shall
review the rule to determine if the rule serves the public interest.

(3) Where the state board finds pursuant to its review as held
under subsection (2) of this section that the rule reviewed is not in the
public interest, the state board shall request the commission to set
aside or amend the rule. [1973 c.270 §20; 1993 c.45 §163]Note: 342.167 and 342.169 were added to and made a part of 342.120
to 342.430 by legislative action but were not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.(1) The State Board of Education shall
establish by rule the ratio of the number of pupils to the number of
staff members who must hold current, recognized first aid cards in each
school.

(2) In order to attain or maintain the ratio set under subsection
(1) of this section, the district may require any staff member as a
condition of employment to hold a current, recognized first aid card. The
staff member shall have 90 days from the date on which the district
imposes the requirement to obtain the first aid card.

(3) The district shall waive the requirement of subsection (2) of
this section for any staff member who has had the requirement waived by
the Teacher Standards and Practices Commission and may waive the
requirement for other staff who are unable by reason of disability to
obtain recognized first aid cards.

(4) The district shall certify annually to the Department of
Education that it complies with the ratio requirement set under
subsection (1) of this section. [1981 c.180 §3; 1993 c.45 §165]Note: See note under 342.167.(1) Any school district which employs any person not
properly licensed by the Teacher Standards and Practices Commission and
assigned in accordance with the terms specified by the person’s license
shall forfeit in State School Fund moneys due the district an amount
determined by the Teacher Standards and Practices Commission to not
exceed the amount of the salary paid to the person for the time during
which the person is employed. The forfeiture shall be effective unless:

(a) Such assignments are made with justification satisfactory to
the Teacher Standards and Practices Commission.

(b) The teacher is employed by a post-secondary institution
accredited by the Northwest Association of Schools and Colleges which has
a contract with a school district under which the teacher is teaching at
the high school level. The contract shall be approved annually by the
State Board of Education under rules adopted by the board, including
criteria for a teacher’s qualifications under subparagraph (C) of this
paragraph. The contract shall:

(A) Be for a specific instructional assignment for which the
district does not have appropriately licensed personnel either on staff
or available to be placed on staff after a reasonably diligent search;

(B) Be approved annually by the governing boards of the
post-secondary institution and the school district including a written
determination that appropriately licensed personnel have not become
available since the previous contract for the assignment;

(C) Provide evidence that the teacher’s qualifications are
appropriate for the assignment;

(D) Allow the teacher to teach no more than two high school units
of credit or the equivalent per year; and

(E) Not be valid during a school closure, strike or summer session.

(c) The person is teaching a live, interactive distance learning
course originating outside the state.

(2) A school district shall be required under subsection (1) of
this section to forfeit not more than $1,000 of State School Fund moneys
due the district if the license has lapsed during the time of employment
with the district and the holder had at the time the license expired all
the qualifications necessary to renew the license.

(3) Notwithstanding subsections (1) and (2) of this section, a
school district employing unlicensed staff members in positions requiring
licensed personnel during the time of a labor dispute shall forfeit in
State School Fund moneys an amount equal to the daily salary rate
multiplied by the number of teaching days for each unlicensed teaching
employee during the entire labor dispute.

(4) If the State Board of Education finds a contract to be in
violation of the provisions of subsection (1)(b) of this section, the
board shall report the violation to the Teacher Standards and Practices
Commission which shall proceed as provided in subsection (1) of this
section.

(5) Any education service district that employs any person not
properly licensed by the Teacher Standards and Practices Commission and
assigned in accordance with the terms specified in the person’s license
shall pay from its funds an amount determined by the Teacher Standards
and Practices Commission not to exceed the amount of salary paid to the
person for the time during which the person was employed. The payment
shall be required unless the assignment is made with justification
satisfactory to the commission. All amounts received under this
subsection shall be credited to the State School Fund.

(6) An education service district shall be required under
subsection (5) of this section to pay a penalty of not more than $1,000
if the license has lapsed during the time of employment with the district
and the holder had at the time the license expired all the qualifications
necessary to renew the license.

(7) Subject to any applicable collective bargaining agreement, an
education service district required to pay any penalty under subsection
(6) of this section is entitled to recover one-half of the amounts paid
from the licensed personnel whose unlicensed status caused the payment.
Recovery shall not exceed one-half of the amount paid that is
attributable to the licensed person.

(8) The Teacher Standards and Practices Commission shall notify
districts of the licensing expiration dates of their employees who are
reported to the commission. The reporting shall be done in a manner
specified by the commission.

(9) Subject to any applicable collective bargaining agreement, a
district required to forfeit any State School Fund moneys under
subsection (2) of this section is entitled to recover one-half of the
amounts forfeited from the licensed personnel whose unlicensed status
caused the forfeiture. Recovery shall not exceed one-half of the amount
forfeited that is attributable to the particular licensed person.

(10) A school district or education service district that assigns a
teacher to be present in the classroom during a live, interactive
distance learning presentation shall not be subject to the forfeiture
described in subsection (1) of this section solely because the assignment
does not conform to the terms specified on the license of the teacher.
[1965 c.100 §353; 1975 c.278 §2; 1977 c.635 §10; 1979 c.307 §2; 1981
c.469 §1; 1981 c.663 §4; 1987 c.401 §1; 1987 c.503 §1a; 1989 c.150 §1;
1989 c.162 §1; 1989 c.493 §1; 1991 c.67 §83; 1991 c.710 §2; 1991 c.780
§§22,23; 1997 c.383 §12](Discipline) (1) The Teacher
Standards and Practices Commission may suspend or revoke the license of a
teacher or administrator, discipline a teacher or administrator or
suspend or revoke the right of any person to apply for a license if the
person has held a license at any time within five years prior to issuance
of the notice of charges under ORS 342.176 based on the following:

(a) Conviction of a crime not listed in ORS 342.143 (3);

(b) Gross neglect of duty;

(c) Any gross unfitness;

(d) Conviction of a crime for violating any law of this or any
state or of the United States involving the illegal use, sale or
possession of controlled substances;

(e) Any false statement knowingly made in an application for
issuance, renewal or reinstatement of a license; or

(f) Failure to comply with any condition of reinstatement under
subsection (3) of this section or any condition of probation under ORS
342.177 (3)(b).

(2) Notwithstanding ORS 670.280, the commission shall revoke any
license or registration and shall revoke the right of any person to apply
for a license or registration if the person has held a license or
registration at any time within five years prior to issuance of the
notice of charges under ORS 342.176 when the holder or person has been
convicted of any crime described in ORS 342.143 (3).

(3) Except for convictions for crimes listed in ORS 342.143 (3) and
subject to subsection (4) of this section, any person whose license or
registration has been suspended or revoked or whose privilege to apply
for a license or registration has been revoked may apply to the
commission for reinstatement of the license or registration after one
year from the date of the suspension or revocation. The commission may
require an applicant for reinstatement to furnish evidence satisfactory
to the commission of good moral character, mental and physical health and
such other evidence as the commission may consider necessary to establish
the applicant’s fitness. The commission may impose a probationary period
and such conditions as it considers necessary upon approving an
application for reinstatement.

(4) The commission shall reconsider immediately a license or
registration suspension or revocation or the situation of a person whose
privilege to apply for a license or registration has been revoked, upon
application therefor, when the license or registration suspension or
revocation or the privilege revocation is based on a criminal conviction
that is reversed on appeal.

(5) Violation of rules adopted by the commission relating to
competent and ethical performance of professional duties shall be
admissible as evidence of gross neglect of duty or gross unfitness.

(6) A copy of the record of conviction, certified to by the clerk
of the court entering the conviction, shall be conclusive evidence of a
conviction described in this section. [Formerly 342.070; 1965 c.100 §361;
1971 c.743 §358; 1973 c.228 §1; 1979 c.226 §1; 1979 c.226 §1; 1979 c.307
§3a; 1987 c.158 §59; 1987 c.503 §7; 1991 c.662 §1; 1993 c.45 §168; 1993
c.301 §7; 1993 c.603 §1; 1995 c.768 §15; 1997 c.383 §15; 1997 c.864 §19;
1999 c.199 §10; 1999 c.308 §2](1) Upon receipt of a complaint or information that
a person has violated ORS 342.143 or 342.175, the Teacher Standards and
Practices Commission shall promptly undertake an investigation.

(2) The commission may appoint an investigator and shall furnish
the investigator with appropriate professional and other special
assistance reasonably required to conduct the investigation, and the
investigator is empowered to subpoena witnesses over the signature of the
executive director, swear witnesses and compel obedience in the same
manner as provided under ORS 183.440 (2).

(3) Following completion of the investigation, the executive
director shall report in writing any findings and recommendations to:

(a) The commission, meeting in executive session, at its next
regular meeting following completion of the investigation; and

(b) The person against whom the charge is made.

(4) The documents and materials used in the investigation and the
report of the executive director are confidential and not subject to
public inspection unless the commission makes a final determination that
the person charged has violated ORS 342.143 or 342.175.

(5) If the commission finds from the report that there is
sufficient cause to justify holding a hearing under ORS 342.177, it shall
notify in writing:

(a) The person charged, enclosing a statement of the charges and a
notice of opportunity for hearing;

(b) The complainant; and

(c) The employing district, if any.

(6) If the commission finds from the report that there is not
sufficient cause to justify holding a hearing under ORS 342.177, it shall
notify in writing:

(a) The person charged;

(b) The complainant; and

(c) The employing district, if any.

(7) Notwithstanding ORS 192.660 (6), the commission may make its
findings under this section in executive session. However, the provisions
of ORS 192.660 (4) apply to the sessions. [1979 c.226 §2; 1987 c.503 §2;
1989 c.149 §1; 1991 c.662 §2; 1997 c.165 §2; 1997 c.594 §2; 2003 c.524 §5] (1)(a) Hearings
under ORS 342.176 shall be conducted by an administrative law judge
assigned from the Office of Administrative Hearings established under ORS
183.605.

(b) Notwithstanding paragraph (a) of this subsection, the Teacher
Standards and Practices Commission shall conduct any hearing that results
from the suspension of the teaching license of a teacher under ORS
342.553.

(c) Any hearing conducted under this subsection shall be private
unless the person against whom the charge is made requests a public
hearing. Students attending school in the district which employs the
person shall not be permitted to attend any hearing except as witnesses
duly subpoenaed to testify with respect to the charges made. The person
against whom the charge is made shall have the right to be represented by
counsel and to present evidence and argument. The evidence must be
confined to the charges.

(2) The Teacher Standards and Practices Commission or the person
charged may have subpoenas issued to compel attendance at the hearing.
The person charged may have subpoenas issued by an attorney of record
subscribed by the signature of the attorney or by the executive director.
Witnesses appearing pursuant to subpoena, other than the parties or
officers or employees of the commission, shall receive fees and mileage
as prescribed by law for witnesses in ORS 44.415 (2). The commission or
the person charged shall have the right to compel the attendance and
obedience of witnesses in the same manner as provided under ORS 183.440
(2).

(3) The commission shall render its decision at its next regular
meeting following the hearing. If the decision of the commission is that
the charge described in ORS 342.175 (1) has been proven, the commission
may take any or all of the following disciplinary action against the
person charged:

(a) Issue a public reprimand.

(b) Place the person on probation for a period not to exceed four
years and subject to such conditions as the commission considers
necessary.

(c) Suspend the license of the teacher or administrator for a
period not to exceed one year.

(d) Revoke the license of the teacher or administrator.

(e) Revoke the privilege to apply for a license.

(4) If the decision of the commission is that the charge is not
proven, the commission shall order the charges dismissed.

(5) The commission shall notify in writing the person charged, the
school district by which the person is employed and the Superintendent of
Public Instruction of the decision. [1965 c.100 §363; 1965 c.535 §11;
1973 c.228 §2; 1979 c.226 §3; 1989 c.149 §2; 1991 c.662 §3; 1997 c.165
§3; 1999 c.849 §§69,70; 2003 c.75 §33; 2005 c.444 §1] (1) Any person whose license or registration has
been suspended or revoked or who has been disciplined, or who has been
refused issuance or reinstatement of a license or registration, and is
aggrieved at the decision of the Teacher Standards and Practices
Commission, may appeal in the manner provided in ORS 183.480.

(2) If the Superintendent of Public Instruction, the district
school board or the public charter school employing the teacher or
administrator is aggrieved at the decision of the commission, the
superintendent, the board or the school may appeal from the decision in
the manner provided in ORS 183.480.

(3) Unless the decision of the commission is accompanied by a
finding that immediate suspension or revocation of the teaching license
or registration is necessary to protect the safety and well-being of
students, an appeal made under this section in a proceeding to suspend or
revoke shall operate as a stay of the suspension or revocation, if any,
until the determination of the appeal. [Formerly 342.075; 1965 c.100
§364; 1973 c.228 §3; 1999 c.199 §7]Except as otherwise
specifically provided, ORS chapter 183 does not apply to proceedings
under ORS 342.175, 342.177 and 342.180. [1961 c.677 §4; 1965 c.100 §366;
1973 c.228 §4](Miscellaneous)Upon payment of the required fees, an otherwise qualified
applicant for an initial or basic teaching license shall be granted the
license upon showing by proof satisfactory to the Teacher Standards and
Practices Commission that the applicant has completed under an Armed
Forces of the United States or Peace Corps program, or as a volunteer
under section 603 of the Economic Opportunity Act of 1964 (Public Law
88-452), two years of satisfactory service which emphasized teaching in
any preprimary program or in any grades 1 through 12 in subjects
regularly taught in public schools if the applicant either:

(1) Has completed an approved teacher education program; or

(2) Has at least the baccalaureate degree from an accredited
institution of higher education and has completed a teacher training
program provided under the auspices of the federal program. [1967 c.304
§2; 1973 c.270 §9; 1993 c.45 §307; 1997 c.383 §13]In order to allow the school districts of the state to take
full advantage of various professional skills and disciplines not
directly developed through teaching experience or professional education
for which teaching experience is a prerequisite, it is the public policy
of the State of Oregon that the Teacher Standards and Practices
Commission, in establishing professional requirements and experience
under ORS 342.140, shall consider professional skills, education and
experience not directly related to, nor contingent upon, teaching
experience or training as a classroom teacher. [1971 c.570 §1; 1973 c.270
§10](1) Annually not later than March 1, the Teacher
Standards and Practices Commission shall cause to be circulated among all
of the common and union high school districts and education service
districts in this state a list of all teachers and administrators whose
teaching or administrative licenses have been suspended or revoked or who
have been reprimanded or placed on probation during the preceding 12
months.

(2) If the decision of the commission is appealed under ORS
342.180, the teacher’s or administrator’s name shall not be placed on the
list authorized by subsection (1) of this section unless and until such
decision has been sustained by the Court of Appeals or until the appeal
has been dropped. [1973 c.228 §5; 1993 c.45 §169](Criminal Records Check)(1) The Teacher Standards and Practices Commission may charge a person
described in ORS 181.539 (1)(a) to (c), (g) or (j) a fee not to exceed
the full cost of acquiring and furnishing the information described in
ORS 181.525 and 181.534.

(2) The making of any false statement as to the conviction of a
crime is grounds for refusal to issue, renew or reinstate a license,
certificate or registration and is in addition to the grounds stated in
ORS 342.143.

(3) A person may appeal the refusal to issue an initial license,
certificate or registration under this section as a contested case under
ORS 183.413 to 183.470, but the refusal to renew or reinstate a license
or registration is subject to ORS 342.175 to 342.180, and the commission
shall notify the person of the right to appeal. [1993 c.674 §5; 1995
c.446 §9; 1999 c.199 §9; 2001 c.407 §5; 2005 c.730 §19]The Teacher Standards and Practices Commission may issue to an
individual a temporary license or certificate as a teacher,
administrator, personnel specialist or school nurse pending the return of
the criminal records check by the Federal Bureau of Investigation. [1993
c.674 §6] (1) A school district,
education service district, private school or public charter school may
authorize a person described under ORS 181.539 (1)(d), (h) or (i) to
begin carrying out the terms of a contract pending the return of the
criminal records check by the Federal Bureau of Investigation.

(2) A school district, education service district, private school
or public charter school may hire on a probationary basis a person
described under ORS 181.539 (1)(e) or (i) pending the return of the
criminal records check by the Federal Bureau of Investigation. [1993
c.674 §6a; 1995 c.67 §41; 1997 c.536 §4; 1999 c.200 §34; 1999 c.1054 §6;
2001 c.407 §6; 2005 c.730 §20]TEACHER STANDARDS AND PRACTICES COMMISSION(1) There is created a Teacher Standards and
Practices Commission consisting of 17 members appointed by the Governor
subject to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565.

(2) The term of office of a member is three years. Before the
expiration of the term of a member, the Governor shall appoint a
successor to assume the duties on January 1 next following. A member is
eligible for reappointment but only for one additional term. In case of a
vacancy for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.

(3) Any member who through change of employment standing or other
circumstances no longer meets the criteria for the position to which the
member was appointed shall no longer be eligible to serve in that
position, and the position on the commission shall become vacant 60 days
following the member’s change in circumstances. [1965 c.535 §2; 1973
c.270 §11; 1975 c.278 §4; 1979 c.307 §4] (1) The membership of the Teacher
Standards and Practices Commission shall consist of:

(a) Four elementary teachers;

(b) Four junior or senior high school teachers;

(c) One elementary school administrator;

(d) One junior or senior high school administrator;

(e) One superintendent of city schools;

(f) One county superintendent or a superintendent employed by an
education service district board;

(g) One member from the faculty of an approved private teacher
education institution in Oregon;

(h) One member from the faculty of a state institution of higher
education;

(i) One member who is also a member of a district school board; and

(j) Two members of the general public.

(2) Except for those members appointed under subsection (1)(i) and
(j) of this section, members must have been actively engaged in teaching,
supervising or administering in the public schools or in approved teacher
education institutions in Oregon for the period of five years immediately
preceding appointment. Acting as an elected representative of teachers,
supervisors or administrators shall be considered teaching, supervising
or administering for the purposes of the five-year experience
requirement. In addition, members appointed under subsection (1)(a) to
(f) of this section must hold valid Oregon teaching or administrative
licenses other than restricted teaching or administrative licenses.

(3)(a) Throughout the term for which appointed, one of the members
appointed under subsection (1)(a) to (j) of this section must hold a
teaching license with an endorsement in some aspect of special education
or have demonstrated knowledge or experience in special education.

(b) As used in this subsection, “special education” means specially
designed education to meet the goals of the individual education program
of a child with disabilities including regular classroom instruction,
instruction in physical education, home instruction, related services and
instruction in hospitals, institutions and special schools. [1965 c.535
§3; 1973 c.270 §12; 1975 c.278 §5; 1979 c.307 §5; 1987 c.503 §9; 1989
c.244 §1; 1993 c.45 §171; 2005 c.209 §38] (1) The Teacher Standards and Practices
Commission shall select one of its members as chairperson, and another as
vice chairperson, for such terms and with such powers and duties
necessary for the performance of the functions of such offices as the
commission shall determine.

(2) A majority of the commission constitutes a quorum for the
transaction of business. [1965 c.535 §6] (1) The Teacher Standards and Practices
Commission shall meet at least once every six months at a place, day and
hour determined by the commission. The commission shall also meet at such
other times and places as are specified by the call of the chairperson or
of a majority of the members of the commission.

(2) A member of the commission who is employed at a public school
or by a private teacher education institution or by a state institution
of higher education shall receive no compensation for services as a
member; but subject to any other applicable law regulating travel and
other expenses for state officers, the member shall receive actual and
necessary travel and other expenses incurred in the performance of
official duties as provided by ORS 292.495 (2).

(3) A member of the commission who serves on the commission in the
capacity of a district school board member or as a member of the general
public shall be entitled to compensation and expenses as provided in ORS
292.495 (1) and (2). [1965 c.535 §§7,8; 1991 c.662 §4; 1993 c.45 §172](1) Except as provided in subsection (4) of
this section, the Teacher Standards and Practices Commission shall not
issue a license to an out-of-state applicant unless the applicant has met
the professional requirements established by rule by the commission and
has completed a course of study substantially similar to that required
for an in-state applicant.

(2) Notwithstanding subsection (1) of this section, if the
commission establishes that the position or positions to be filled are in
a geographic or subject matter area in which there are an insufficient
number of in-state applicants, the commission may issue a license to an
out-of-state applicant who has completed a course of study approved by
the commission.

(3) In situations described in subsection (2) of this section, the
commission shall adopt by rule standards providing for equal treatment
for graduates of approved Oregon colleges and universities.

(4) Notwithstanding subsection (1) of this section, the commission
may enter into a reciprocal agreement with the appropriate official of
any other state for licensure of applicants from the state if the
commission determines that the standards and requirements for
certification or licensure in that state are substantially similar to the
standards and requirements for licensure under applicable statutes of
this state and rules of the commission.

(5) Teachers granted licenses under subsections (2), (3) and (4) of
this section shall be required to meet all standards required of Oregon
teachers, including the requirements of ORS 342.123, not later than three
years following the date of initial granting of the license. [1965 c.535
§9; 1973 c.270 §13; 1979 c.307 §6; 1981 c.663 §5; 1987 c.503 §8; 1993
c.45 §173; 1993 c.333 §1] The Teacher Standards and
Practices Commission shall appoint a qualified person as executive
director and may, subject to the State Personnel Relations Law, employ
persons to provide such service as the commission shall require. [1965
c.535 §12; 1973 c.270 §14; 1997 c.165 §4] (1) Membership
on the Teacher Standards and Practices Commission shall not affect a
member’s compensation from the employer of the member or any other
benefits to which the member is entitled.

(2) A school district required to employ a substitute for a teacher
or administrator who is absent from employment while performing duties as
a member of the Teacher Standards and Practices Commission shall be
entitled to reimbursement for the district’s actual expenses in employing
the substitute. Reimbursement for the expense of employing such
substitutes shall be made by the commission from the Teacher Standards
and Practices Commission Account. [1965 c.535 §13] On
or before the 10th day of each month, the Teacher Standards and Practices
Commission shall pay into the State Treasury all moneys received under
this chapter during the preceding calendar month. The State Treasurer
shall credit the moneys to the Teacher Standards and Practices Commission
Account. The moneys in the Teacher Standards and Practices Commission
Account are continuously appropriated to the commission for the purpose
of paying its administrative expenses. [1965 c.535 §15; 1967 c.637 §8;
1973 c.270 §15; 1993 c.45 §174]MINORITY TEACHER ACT As used in ORS
342.433 to 342.449 and 351.077:

(1) “Minority” means a person who is:

(a) A person having origins in any of the black racial groups of
Africa but who is not Hispanic;

(b) A person of Hispanic culture or origin;

(c) A person having origins in any of the original peoples of the
Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands;
or

(d) An American Indian or Alaskan Native having origins in any of
the original peoples of North America.

(2) “Teacher” includes a teacher or an administrator. [1991 c.434
§6; 1993 c.45 §175] The State of Oregon is committed to ethnic-racial
equity and, therefore, it is the goal of the state that by the year 2001
the number of minority teachers, including administrators, employed by
school districts and education service districts shall be approximately
proportionate to the number of minority children enrolled in the public
schools of this state. [1991 c.434 §2]
(1) The Education and Workforce Policy Advisor shall report biennially to
the Legislative Assembly longitudinal data on the number and percentage
of:

(a) Minority students enrolled in community colleges;

(b) Minority students applying for admission to public four-year
institutions of higher education;

(c) Minority students accepted in public four-year institutions of
higher education;

(d) Minority students graduated from public four-year institutions
of higher education;

(e) Minority candidates seeking to enter public teacher education
programs in this state;

(f) Minority candidates admitted to public teacher education
programs;

(g) Minority candidates who have completed approved public teacher
education programs;

(h) Minority candidates receiving Oregon teaching licenses based on
preparation in this state and preparation in other states;

(i) Minority teachers who are newly employed in the public schools
in this state; and

(j) Minority teachers already employed in the public schools.

(2) The advisor also shall report comparisons of minorities’ and
nonminorities’ scores on basic skills, pedagogy and subject matter tests.

(3) The Oregon University System, the Department of Education, the
Teacher Standards and Practices Commission, community colleges and school
districts shall cooperate with the advisor in collecting data and
preparing the report. [1991 c.434 §3; 1997 c.652 §30](1) The State Board of Higher Education
shall require each public teacher education program in this state to
prepare a plan with specific goals, strategies and deadlines for the
recruitment, admission, retention and graduation of minority teachers.

(2) The state board shall review the plans for the adequacy and
feasibility of the plans and, after making necessary revisions, shall
adopt the plans.

(3) The state board shall adopt rules governing:

(a) The contents of the plans;

(b) The state board’s initial and biennial review process,
including timetables for revising plans; and

(c) Other matters necessary for carrying out the provisions of ORS
342.433 to 342.449 and 351.077. [1991 c.434 §4]ORS 342.433 to 342.449 and 351.077 shall be
known and may be cited as the Minority Teacher Act of 1991. [1991 c.434
§1]SCHOOL NURSES” “School nurse” as used in ORS
342.465 and 342.475, means a registered nurse who is certified by the
Teacher Standards and Practices Commission as qualified to conduct and
coordinate the health services programs of a school. [Formerly 678.505] (1) The Teacher
Standards and Practices Commission shall adopt by rule standards
necessary for the issuance, denial, continuation, renewal, lapse or
reinstatement of certificates issued under ORS 342.475 (1) to (3) and for
establishment and collection of fees for certification as a school nurse.
The commission may adopt by rule procedures for revocation of a
certificate issued under ORS 342.475 (1) to (3) that are consistent with
ORS 342.175 to 342.190.

(2) The Oregon State Board of Nursing shall notify the commission
whenever the board takes any action on a license issued under ORS chapter
678 which might affect the ability of the license holder to practice as a
school nurse. [Formerly 678.525; 1993 c.45 §176] (1) “School nurse” is
established as a category of specialization in nursing.

(2) The Teacher Standards and Practices Commission shall issue a
certificate as a school nurse to a person who complies with the rules
established by the commission for the certification and practice of
school nursing or who has been certified by the Oregon State Board of
Nursing as a school nurse practitioner. In establishing rules for the
certification and practice of any specialization of school nursing, the
commission shall consider the recommendations of the Oregon State Board
of Nursing.

(3) The commission may issue an emergency certificate that
authorizes a person licensed as a registered nurse in this state who does
not meet the requirements of subsection (2) of this section to practice
as a school nurse. Such certificates shall be issued for a limited time
as set by the commission.

(4) Notwithstanding subsections (1) to (3) of this section, the
commission shall issue a certificate in a school nurse specialization
category to a registered nurse who applies for certification and who is
employed by a school, school district or education service district to
conduct and coordinate a school or district health services program or
who serves in such a capacity on a voluntary basis on November 1, 1981. A
certificate issued under this subsection shall be issued without further
proof of qualification by the applicant.

(5) A certificate issued under this section is not a teaching
license. The nurse holding a certificate issued under this section is not
subject to ORS 238.280 or 342.805 to 342.937. [Formerly 678.515]The Teacher Standards and Practices Commission
shall consult with and advise the Oregon State Board of Nursing on the
qualifications and practices involved in school nursing. [Formerly
342.445](1) The holder of a school nurse
certificate issued under ORS 342.475 (1) to (3) is qualified to accept
employment to conduct and coordinate the health services programs of any
public school in the State of Oregon. A person licensed as a registered
nurse may use the term “nurse” as part of a title when employed by a
school.

(2) No school or school district is required to employ as a nurse a
person certified under ORS 342.475 (1) to (3). [Formerly 342.982]TEACHERS’ CONTRACTS (1)
Each district school board shall give written notice of the renewal or
nonrenewal of the contract for the following school year by March 15 of
each year to all teachers and administrators in its employ who are not
contract teachers as defined in ORS 342.815. In case the district school
board does not renew the contract, the material reason therefor shall, at
the request of the teacher or administrator, be included in the records
of the school district, and the board shall furnish a statement of the
reason for nonrenewal to the teacher or administrator. If any district
school board fails to give such notice by March 15, the contract shall be
considered renewed for the following school year at a salary not less
than that being received at the time of renewal. The teacher or
administrator may bring an action of mandamus to compel the district
school board to issue such a contract for the following school year.

(2) This section is not effective unless teachers or administrators
notify the board in writing on or before April 15 of acceptance or
rejection of the position for the following school year. [Formerly
342.635; 1975 c.770 §47; 1979 c.714 §1; 1997 c.864 §24; 2005 c.22 §236] (1) Sickness or
other unavoidable circumstances which prevent the teacher from teaching
20 school days immediately following exhaustion of sick leave accumulated
under ORS 332.507 shall be sufficient reason for the school board to
place the teacher on leave without pay for the remainder of the regular
school year and to terminate the teacher’s employment without penalty on
August 1 if the school board determines that the teacher is unable to
resume teaching responsibilities at the beginning of the next fall term.
This subsection applies to teachers whose employment is based either upon
contract or tenure, or both.

(2) A district school board may release a teacher from a contract
by mutual agreement. No board is required to consider any resignation not
in writing. [Formerly 342.640; 1969 c.106 §1; 1977 c.860 §2; 1979 c.269
§1](1) Any elementary or secondary
teacher who has entered into a contract to teach in any public school and
who resigns the position without first providing 60 days’ written notice
to the district superintendent or the notice required in the applicable
collective bargaining agreement may have the teaching license of the
teacher suspended for the remainder of the school year by the Teacher
Standards and Practices Commission upon notice of the resignation from
the district school board to the commission. The commission shall notify
the teacher of the suspension of the teaching license held by the teacher.

(2) Any teacher whose teaching license has been suspended under
subsection (1) of this section may appeal to the Teacher Standards and
Practices Commission within 20 days after the date of the notice of the
suspension. The notice of appeal must be in writing and sent to the
Teacher Standards and Practices Commission not later than one day
following the 20-day period. The Teacher Standards and Practices
Commission shall fix the earliest possible date for a hearing on the
suspension and shall notify the teacher and the district school board
concerned. The decision of the Teacher Standards and Practices Commission
is final.

(3) If an appeal is made to the Teacher Standards and Practices
Commission, suspension of the teaching license shall be stayed until the
Teacher Standards and Practices Commission reaches a decision. [Formerly
342.645; 1975 c.258 §1]TERMS AND CONDITIONS OF EMPLOYMENT OF SCHOOL PERSONNEL(1) School boards shall fix the working hours
for full-time and part-time licensed staff members. They shall direct
that full-time staff members be provided a time for a 30-minute
continuous duty-free lunch period during the regularly scheduled lunch
hours.

(2) Any school principal who fails to schedule a continuous
30-minute duty-free lunch period in accordance with this section shall be
guilty of neglect of duty under ORS 342.865.

(3) No teacher shall by oral orders or written agreement fail to
receive a 30-minute lunch period.

(4) School boards shall not be required to employ special personnel
to supervise students during lunch periods.

(5) This section does not apply in school buildings where fewer
than three teachers are employed. [1971 c.201 §1] (1) Teachers
employed as substitute teachers shall not be paid less per day than 85
percent of 1/190th of the salary of a beginning teacher who holds a
bachelor’s degree. The salary of the substitute teacher shall be computed
as required in this subsection based on the statewide average salary for
beginning teachers who hold bachelor’s degrees. The Department of
Education shall compute the statewide average salary to be used for
purposes of this subsection, using the latest data available to the
department, but not data from earlier than the preceding school year.

(2) The school district shall set the working hours for a
substitute teacher, and, when employed, shall pay the substitute teacher
a salary which is no less than one-half of the daily minimum salary as
computed under subsection (1) of this section. However, if the substitute
teacher is employed for more than one-half day, the substitute teacher
shall receive a full day’s pay.

(3)(a) Notwithstanding subsection (1) of this section, teachers
employed as substitute teachers for more than 10 consecutive days in any
one assignment for the same teacher shall not be paid after the 10th day
of the assignment less per day than 100 percent of 1/190th of the
statewide average salary computed in subsection (1) of this section for
districts with no salary scale; or, for districts with a salary scale,
the higher of:

(A) 1/190th of the employing school district’s salary for a
beginning teacher who holds a bachelor’s degree; or

(B) The statewide minimum per diem salary as computed in subsection
(1) of this section.

(b) Used sick leave, whether paid or unpaid, and weekends, school
holidays and days when schools are closed by weather or other conditions
and when substitute teachers are not required to appear in person at the
school shall not be considered in determining consecutive days for
purposes of this subsection.

(c) When substituting for a part-time teacher, the part of the day
worked by the substitute shall count as a full day in determining
consecutive days for purposes of this subsection.

(4) Subsections (1) to (3) of this section do not apply to
substitute teachers represented in a bargaining unit in the school
district by which they are employed. [Amended by 1955 c.130 §1; 1957
c.262 c.1; 1965 c.100 §377; 1967 c.625 §1; 1971 c.536 §1; 1977 c.531 §1;
1979 c.167 §1; 1987 c.402 §1; 1991 c.198 §1; 1995 c.793 §1; 1999 c.706 §1]No district shall enter into a contract with any teacher
whereby the teacher shall return to the district any part of the salary
of the teacher. If any board and teacher enter into such contract, the
contract is void and the teacher’s teaching license shall be revoked.
[Formerly 342.525; 1967 c.67 §12] No teacher in any
public school shall wear any religious dress while engaged in the
performance of duties as a teacher. [Amended by 1965 c.100 §387] Any
teacher violating the provisions of ORS 342.650 shall be suspended or
dismissed from employment by the district school board. The suspension or
dismissal is not subject to ORS 342.805 to 342.937. The board shall
report its action to the Teacher Standards and Practices Commission which
may suspend or revoke the teacher’s teaching license. [Amended by 1965
c.100 §388; 1987 c.503 §3]SEXUAL HARASSMENTIt is the policy of the State of Oregon that sexual harassment
will not be tolerated in schools. A school district shall adopt a policy
on sexual harassment for students and staff that meets the requirements
of ORS 342.704. A school district shall make the sexual harassment policy
available to students, parents of students and staff. A school district’s
sexual harassment policy shall be posted on a sign that is at least 8.5
by 11 inches in size. The school district shall post the sign in all
grade 6 through 12 schools in the school district. [1997 c.272 §1]Note: 342.700 to 342.708 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 342 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.(1) The State Board of Education shall adopt
by rule minimum requirements for school district policies on sexual
harassment of students by staff and other students including, but not
limited to, requirements that:

(a) All staff and students are subject to the policies;

(b) Sexual harassment of students includes:

(A) A demand for sexual favors in exchange for benefits; and

(B) Unwelcome conduct of a sexual nature that has the purpose or
effect of unreasonably interfering with a student’s educational
performance or that creates an intimidating, offensive or hostile
educational environment;

(c) All complaints about behavior that may violate the policy shall
be investigated;

(d) The initiation of a complaint in good faith about behavior that
may violate the policy shall not adversely affect the educational
assignments or study environment of the student; and

(e) The student who initiated the complaint and the student’s
parents shall be notified when the investigation is concluded.

(2) The State Board of Education shall adopt by rule minimum
requirements for school district policies on sexual harassment of staff
by students and other staff including, but not limited to, requirements
that:

(a) All staff and students are subject to the policies;

(b) Sexual harassment of staff includes:

(A) A demand for sexual favors in exchange for benefits; and

(B) Unwelcome conduct of a sexual nature that has the purpose or
effect of unreasonably interfering with a staff person’s ability to
perform the job or that creates an intimidating, offensive or hostile
work environment;

(c) All complaints about behavior that may violate the policy shall
be investigated;

(d) The initiation of a complaint in good faith about behavior that
may violate the policy shall not adversely affect any terms or conditions
of employment or work environment of the staff complainant; and

(e) The staff member who initiated the complaint shall be notified
when the investigation is concluded. [1997 c.272 §2]Note: See note under 342.700.Nothing in ORS 342.700 and 342.704 is
intended to limit or operate as a prerequisite to pursuing any rights or
remedies provided under other statutes or the common law. [1997 c.272 §3]Note: See note under 342.700.ACCOUNTABILITY FOR SCHOOLS FOR THE 21ST CENTURY LAWORS 342.805 to 342.937 shall be known as the
Accountability for Schools for the 21st Century Law. [1965 c.608 §1; 1971
c.570 §2; 1977 c.881 §1; 1997 c.864 §26] As used in ORS
342.805 to 342.937 unless the context requires otherwise:

(1) Notwithstanding ORS 342.120, “administrator” includes any
teacher the majority of whose employed time is devoted to service as a
supervisor, principal, vice principal or director of a department or the
equivalent in a fair dismissal district but shall not include the
superintendent, deputy superintendent or assistant superintendent of any
such district or any substitute or temporary teacher employed by such a
district.

(2) “Board” means the board of directors of a fair dismissal school
district.

(3) “Contract teacher” means any teacher who has been regularly
employed by a school district for a probationary period of three
successive school years, and who has been retained for the next
succeeding school year. The district school board may enter into
agreements that provide for a shorter probationary period of not less
than one year for teachers who have satisfied the three-year probationary
period in another Oregon school district.

(4) “District superintendent” means the superintendent of schools
of a fair dismissal district or, in the absence of the superintendent,
the person designated to fulfill the superintendent’s functions.

(5) “Fair dismissal district” means any common or union high school
district or education service district.

(6) “Probationary teacher” means any teacher employed by a fair
dismissal district who is not a contract teacher.

(7) “Program of assistance for improvement” means a written plan
for a contract teacher that with reasonable specificity:

(a) Helps teachers adapt and improve to meet changing demands of
the Oregon Educational Act for the 21st Century in ORS chapter 329 if
applicable.

(b) Identifies specific deficiencies in the contract teacher’s
conduct or performance.

(c) Sets forth corrective steps the contract teacher may pursue to
overcome or correct the deficiencies.

(d) Establishes the assessment techniques by which the district
will measure and determine whether the teacher has sufficiently corrected
the deficiencies to meet district standards.

(8) “Substitute teacher” means any teacher who is employed to take
the place of a probationary or contract teacher who is temporarily absent.

(9) Notwithstanding ORS 342.120, “teacher” means any person who
holds a teaching license or registration as provided in ORS 342.125 or
342.144 or who is otherwise authorized to teach in the public schools of
this state and who is employed half-time or more as an instructor or
administrator.

(10) “Temporary teacher” means a teacher employed to fill a
position designated as temporary or experimental or to fill a vacancy
which occurs after the opening of school because of unanticipated
enrollment or because of the death, disability, retirement, resignation,
contract nonextension or dismissal of a contract or probationary teacher.
[1965 c.608 §2; 1971 c.570 §12; 1977 c.880 §1; 1977 c.881 §2; 1979 c.668
§1; 1981 c.299 §1; 1993 c.45 §194; 1997 c.864 §4; 1999 c.199 §11; 2001
c.653 §5] (1) The district board of any fair
dismissal district may discharge or remove any probationary teacher in
the employ of the district at any time during a probationary period for
any cause considered in good faith sufficient by the board. The
probationary teacher shall be given a written copy of the reasons for the
dismissal, and upon request shall be provided a hearing thereon by the
board, at which time the probationary teacher shall have the opportunity
to be heard either in person or by a representative of the teacher’s
choice.

(2) For any cause it may deem in good faith sufficient, the
district board may refuse to renew the contract of any probationary
teacher. However, the teacher shall be entitled to notice of the intended
action by April 1, and upon request shall be provided a hearing before
the district board. Upon request of the probationary teacher the board
shall provide the probationary teacher a written copy of the reasons for
the nonrenewal, which shall provide the basis for the hearing.

(3) If an appeal is taken from any hearing, the appeal shall be to
the circuit court for the county in which the headquarters of the school
district is located and shall be limited to the following:

(a) The procedures at the hearing;

(b) Whether the written copy of reasons for dismissal required by
this section was supplied; and

(c) In the case of nonrenewal, whether notice of nonrenewal was
timely given. [1965 c.608 §4; 1971 c.570 §4; 1975 c.727 §1; 1979 c.714
§2; 1981 c.323 §1]For purposes of determining length of service for a probationary
teacher, a teacher employed for 135 consecutive days in any school year
shall receive credit for a full year of employment. At least 30
consecutive days of employment in the same district in a successive year
shall be sufficient to keep the service intact, and the teacher shall not
lose credit for previous probationary years served. [1981 c.299 §3]Note: 342.840 was enacted into law by the Legislative Assembly and
was added to 342.805 to 342.937 but was not added to or made a part of
any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.(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 to 342.937.

(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 to 342.930. 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.

(B) “School district” has the meaning given that term in ORS
329.007.

(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, or pursuant to ORS 342.934
(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, 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] (1) The
district superintendent of every school district, including
superintendents of education service districts, shall cause to have made
at least annually but with multiple observations an evaluation of
performance for each probationary teacher employed by the district. The
purpose of the evaluation is to aid the teacher in making continuing
professional growth and to determine the teacher’s performance of the
teaching responsibilities. Evaluations shall be based upon at least two
observations and other relevant information developed by the district.

(2)(a) The district school board shall develop an evaluation
process in consultation with school administrators and with teachers. If
the district’s teachers are represented by a local bargaining
organization, the board shall consult with teachers belonging to and
appointed by the local bargaining organization in the consultation
required by this paragraph.

(b) The district school board shall implement the evaluation
process that includes:

(A) The establishment of job descriptions and performance standards
which include but are not limited to items included in the job
description;

(B) A preevaluation interview which includes but is not limited to
the establishment of performance goals for the teacher, based on the job
description and performance standards;

(C) An evaluation based on written criteria which include the
performance goals;

(D) A post-evaluation interview in which:

(i) The results of the evaluation are discussed with the teacher;
and

(ii) A written program of assistance for improvement is
established, if one is needed to remedy any deficiency specified in ORS
342.865 (1)(a), (d), (g) or (h); and

(E) The utilization of peer assistance whenever practicable and
reasonable to aid teachers to better meet the needs of students. Peer
assistance shall be voluntary and subject to the terms of any applicable
collective bargaining agreement. No witness or document related to the
peer assistance or the record of peer assistance shall be admissible in
any proceeding before the Fair Dismissal Appeals Board, or in a
probationary teacher nonrenewal hearing before a school board under ORS
342.835, without the mutual consent of the district and the teacher
provided with peer assistance.

(c) Nothing in this subsection is intended to prohibit a district
from consulting with any other individuals.

(3) Except in those districts having an average daily membership,
as defined in ORS 327.006, of fewer than 200 students, the person or
persons making the evaluations must hold teaching licenses. The
evaluation shall be signed by the school official who supervises the
teacher and by the teacher. A copy of the evaluation shall be delivered
to the teacher.

(4) The evaluation reports shall be maintained in the personnel
files of the district.

(5) The evaluation report shall be placed in the teacher’s
personnel file only after reasonable notice to the teacher.

(6) A teacher may make a written statement relating to any
evaluation, reprimand, charge, action or any matter placed in the
teacher’s personnel file and such teacher’s statement shall be placed in
the personnel file.

(7) All charges resulting in disciplinary action shall be
considered a permanent part of a teacher’s personnel file and shall not
be removed for any reason. A teacher shall have the right to attach the
teacher’s response, or other relevant documents, to any document included
under this subsection.

(8) The personnel file shall be open for inspection by the teacher,
the teacher’s designees and the district school board and its designees.
District school boards shall adopt rules governing access to personnel
files, including rules specifying whom school officials may designate to
inspect personnel files.

(9) A program of assistance for improvement or evaluation procedure
shall not be technically construed, and no alleged error or unfairness in
a program of assistance for improvement shall cause the overturning of a
dismissal, nonextension of contract, nonrenewal of contract or other
disciplinary action unless the contract teacher suffered a substantial
and prejudicial impairment in the teacher’s ability to comply with school
district standards. [1971 c.570 §5; 1973 c.298 §3; 1973 c.458 §1; 1977
c.881 §3; 1979 c.598 §1; 1979 c.668 §2a; 1987 c.663 §1; 1989 c.491 §29;
1997 c.864 §9](1) No contract teacher shall be dismissed or the teacher’s
contract nonextended except for:

(a) Inefficiency;

(b) Immorality;

(c) Insubordination;

(d) Neglect of duty, including duties specified by written rule;

(e) Physical or mental incapacity;

(f) Conviction of a felony or of a crime according to the
provisions of ORS 342.143;

(g) Inadequate performance;

(h) Failure to comply with such reasonable requirements as the
board may prescribe to show normal improvement and evidence of
professional training and growth; or

(i) Any cause which constitutes grounds for the revocation of such
contract teacher’s teaching license.

(2) In determining whether the professional performance of a
contract teacher is adequate, consideration shall be given to regular and
special evaluation reports prepared in accordance with the policy of the
employing school district and to any written standards of performance
which shall have been adopted by the board.

(3) Suspension or dismissal on the grounds contained in subsection
(1)(e) of this section shall not disqualify the teacher involved for any
of the disability benefits provided in ORS chapter 238, or any of the
benefits provided in ORS 332.507.

(4) Dismissal under subsection (1)(f) of this section shall remove
the individual from any school district policies, collective bargaining
provisions regarding dismissal procedures and appeals and the provisions
of ORS 342.805 to 342.937. [1965 c.608 §§9,19; 1973 c.298 §4; 1977 c.860
§4; 1981 c.569 §1; 1995 c.446 §10; 1997 c.249 §104; 1997 c.864 §10; 1999
c.130 §8] 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 (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 to 342.937 or
the teacher must be reinstated. [1965 c.608 §7; 1971 c.570 §6; 1977 c.881
§4; 1997 c.864 §11](1) Contract teachers shall be employed by a school
district pursuant to two-year employment contracts.

(2) Authority to dismiss or not extend a contract teacher is vested
in the district school board subject to the provisions of the fair
dismissal and contract extension procedures of ORS 342.805 to 342.937 and
only after recommendation of the dismissal or nonextension of contract is
given to the district school board by the superintendent.

(3)(a) At least 20 days before recommending to a board the
dismissal of the contract teacher, the district superintendent shall give
written notice to the contract teacher by certified mail or delivered in
person of the intention to make a recommendation to dismiss the teacher.
The notice shall set forth the statutory grounds upon which the
superintendent believes such dismissal is justified, and shall contain a
plain and concise statement of the facts relied on to support the
statutory grounds for dismissal. If the statutory grounds specified are
those specified in ORS 342.865 (1)(a), (c), (d), (g) or (h), then
evidence shall be limited to those allegations supported by statements in
the personnel file of the teacher on the date of the notice to recommend
dismissal, maintained as required in ORS 342.850. Notice shall also be
sent to the district school board and to the Fair Dismissal Appeals
Board. A copy of ORS 342.805 to 342.937 shall also be sent to the
contract teacher.

(b) If, after the 20-day notice required by paragraph (a) of this
subsection, the district school board takes action to approve the
recommendation for dismissal from the superintendent, the dismissal takes
effect on or after the date of the district school board’s action, as
specified by the board. Notice of the board’s action shall be given to
the contract teacher as soon as practicable by certified mail, return
receipt requested or in the manner provided by law for the service of a
summons in a civil action.

(4)(a) Upon recommendation of the district superintendent, the
district school board may extend a contract teacher’s employment for a
new two-year term by providing written notice to the teacher no later
than March 15 of the first year of the contract. Any new contract that
extends the teacher’s employment for a new term shall replace any prior
contracts.

(b) If the district school board does not extend a contract
teacher’s contract by March 15 of the first year of the contract, the
district superintendent, or the superintendent’s designee, shall place
the teacher on a program of assistance for improvement. The district
superintendent or the superintendent’s designee may, in addition, place
any other teacher on a program of assistance for improvement if in the
judgment of the district superintendent or designee a program of
assistance for improvement is needed.

(c) Provided that the district school board has not extended the
teacher’s contract for a new two-year term, the district board, upon
recommendation of the superintendent, may elect by written notice to the
teacher no later than March 15 of the second year of the teacher’s
contract not to extend the teacher’s contract based on any ground
specified in ORS 342.865. A contract teacher whose contract is not
extended may appeal the nonextension to the Fair Dismissal Appeals Board.

(5) Notwithstanding ORS 243.650 to 243.782 or the provisions of any
collective bargaining agreement entered into after August 15, 1997, no
grievance or other claim of violation of applicable evaluation
procedures, or fundamental unfairness in a program of assistance for
improvement, shall be filed while a teacher is on a program of
assistance. All statutes of limitation and grievance timelines shall be
tolled while the subject claims are held in abeyance under this
moratorium provision. Except as provided in this subsection, the
moratorium and tolling period ends on the date the program of assistance
for improvement is completed, not to exceed one year, after which any
claims subject to this provision may be pursued as otherwise provided by
law or contract. In the case of a contract teacher who does not receive
contract extension by March 15 of the first year of the teacher’s
contract, the moratorium period shall last until the teacher receives
notice of contract extension or nonextension and no later than March 15
of the following school year, or until the teacher receives notice of
dismissal. A contract teacher who is dismissed or receives notice of
contract nonextension, and who appeals to the Fair Dismissal Appeals
Board, may raise any claims subject to this moratorium provision before
the Fair Dismissal Appeals Board, which shall have jurisdiction to decide
such claims. If the teacher does raise claims covered by this moratorium
provision in an appeal to the Fair Dismissal Appeals Board, such appeal
shall be the teacher’s sole and exclusive remedy. If a contract teacher
does not appeal a contract nonextension or dismissal to the Fair
Dismissal Appeals Board but instead pursues contract grievances to
arbitration alleging a violation of evaluation procedures or fundamental
unfairness in a program of assistance for improvement, the arbitrator
shall not have authority to award reinstatement of the contract teacher,
but may award other remedies including but not limited to back pay, front
pay, compensatory damages and such further relief as the arbitrator deems
appropriate. A program of assistance for improvement shall not be
technically construed, and no alleged error or unfairness in a program of
assistance shall cause the overturning of a dismissal, nonextension of
contract, nonrenewal of contract or other disciplinary actions unless the
contract teacher suffered a substantial and prejudicial impairment in the
teacher’s ability to comply with school district standards.

(6) No teacher may be dismissed, laid off or caused to suffer
nonextension or nonrenewal of a contract based upon the teacher’s salary
placement or other compensation. [1965 c.608 §11; 1971 c.570 §7; 1973
c.298 §5; 1977 c.881 §5; 1979 c.668 §3; 1997 c.864 §12] (1) If the
district school board dismisses the teacher or does not extend the
contract of the contract teacher, the teacher or the teacher’s
representative may appeal that decision to the Fair Dismissal Appeals
Board established under ORS 342.930 by depositing by certified mail
addressed to the Superintendent of Public Instruction and a copy to the
superintendent of the school district:

(a) In the case of dismissal, within 10 days, as provided in ORS
174.120, after receipt of notice of the district school board’s decision,
notice of appeal with a brief statement giving the reasons for the appeal.

(b) In the case of a contract nonextension, within 15 days, as
provided in ORS 174.120, after receipt of the written notice of
nonextension of a contract, notice of appeal with a brief statement
giving the reasons for the appeal.

(2)(a) As soon as practicable after the time the notice of appeal
is received by the Superintendent of Public Instruction, the
superintendent shall appoint a panel of three members from the Fair
Dismissal Appeals Board for the purpose of conducting a hearing. Insofar
as practicable, the panel shall be selected from those members of the
board serving in positions where the average daily membership as
determined in ORS 342.930 most nearly coincides with that of the involved
district. The panel shall consist of:

(A) One member from the category representing district school board
members;

(B) One member from the category not affiliated with common or
union high school districts; and

(C) One member from the category representing teachers or
administrators, as follows:

(i) If the appeal is from a contract teacher in a teaching
position, the panel shall include the teacher member of the board.

(ii) If the contract teacher is in an administrative position, an
administrative member shall sit in place of the teacher member.

(b) The panel may not contain a member who is a resident of the
district that is bringing the dismissal or nonextension.

(c) The Department of Education, at the department’s expense, shall
provide to the panel appropriate professional and other special
assistance reasonably required to conduct a hearing. The panel shall be
empowered, on behalf of the contract teacher, the district superintendent
and the district school board, to subpoena and swear witnesses and to
require witnesses to give testimony and produce relevant evidence at or
prior to the hearing.

(d) The executive secretary of the board may issue subpoenas on
behalf of a panel. A person subpoenaed under this subsection may move to
quash or modify the subpoena if it is oppressive or unreasonable. The
motion must be made before the time specified in the subpoena for
appearance or production of materials. The motion may be made to the
executive secretary or the panel.

(e) In a case pending before a panel that involves a teacher’s
performance at an Oregon Youth Authority facility, the panel assigned to
the case may submit to the Director of the Oregon Youth Authority written
questions that the panel unanimously agrees are relevant to the case. The
director shall respond to the panel’s questions in writing within 20 days
of the director’s receipt of the questions from the panel. If a question
by the panel seeks information that is not confidential or privileged
under Oregon or federal law, the director shall provide the information
requested by the panel. If a question by the panel seeks information that
is confidential or privileged under Oregon or federal law, the director,
in responding to the question, may not disclose the confidential or
privileged information but shall instead explain that the information
being sought is confidential or privileged. The procedure outlined in
this paragraph is not in lieu of any other mechanism that may be
available to the panel or parties for obtaining or presenting evidence.

(3) The Attorney General shall assign an assistant, at no cost to
either involved party, to advise the Fair Dismissal Appeals Board, to be
present at any hearing held by a panel, and to perform those tasks at the
request of the board that would normally require legal training.

(4) Within 10 days after receipt of the notice of an appeal of
contract nonextension, the district shall serve upon the Fair Dismissal
Appeals Board and the teacher a written statement of reason for the
contract nonextension, which shall include:

(a) A plain and concise statement of the facts relied on to support
the statutory grounds for nonextension of the contract;

(b) The statutory grounds upon which the district believes such
contract nonextension is justified; and

(c) A list of witnesses and documents upon which the district will
rely at hearing.

(5)(a) At least 10 days prior to the hearing, the teacher shall
provide a list of witnesses and exhibits to the Fair Dismissal Appeals
Board panel and the school district.

(b) The Fair Dismissal Appeals Board panel shall hold a contested
case hearing under ORS chapter 183 within 100 days of the receipt by the
teacher of notice of dismissal or of the statement of reasons in the case
of contract nonextension. No later than 140 days after the filing of an
appeal, consistent with due process, the Fair Dismissal Appeals Board
panel shall prepare and send a written decision to the contract teacher,
the district superintendent, the district school board and the
Superintendent of Public Instruction. The hearing shall be private unless
the teacher requests a public hearing. At the hearing, the district and
the contract teacher shall have the right to be present and be heard, to
be represented by counsel, to present evidence and cross-examine adverse
witnesses and to offer evidence that in the panel’s judgment is relevant
to the dispute. The panel may take all reasonable steps to require the
parties to conclude the hearing in an expeditious manner.

(6) When the Fair Dismissal Appeals Board panel has completed its
hearing, it shall prepare a written decision and send it to the contract
teacher, the district superintendent, the district school board and the
Superintendent of Public Instruction. The Fair Dismissal Appeals Board
panel shall determine whether the facts relied upon to support the
statutory grounds cited for dismissal or nonextension are true and
substantiated. If the panel finds these facts true and substantiated, it
shall then consider whether such facts, in light of all the circumstances
and additional facts developed at the hearing that are relevant to the
statutory standards in ORS 342.865 (1), are adequate to justify the
statutory grounds cited. In making such determination, the panel shall
consider all reasonable written rules, policies and standards of
performance adopted by the school district board unless it finds that
such rules, policies and standards have been so inconsistently applied as
to amount to arbitrariness. The panel shall not reverse the dismissal or
nonextension if it finds the facts relied upon are true and substantiated
unless it determines, in light of all the evidence and for reasons stated
with specificity in its findings and order, that the dismissal or
nonextension was unreasonable, arbitrary or clearly an excessive remedy.

(7)(a) Subject to subsection (6) of this section and paragraph (b)
of this subsection, if the Fair Dismissal Appeals Board panel finds that
the facts relied on to support the recommendation of the district
superintendent are untrue or unsubstantiated, or if true and
substantiated, are not adequate to justify the statutory grounds cited as
reason for the dismissal or nonextension, and so notifies the contract
teacher, the district superintendent, the district school board and the
Superintendent of Public Instruction, the teacher shall be reinstated and
the teacher shall receive such back pay as ordered by the Fair Dismissal
Appeals Board panel for the period between the effective date of the
dismissal or nonextension and the date of the order reinstating the
teacher, or the date when the district actually reinstates the teacher,
whichever is later. However, nothing in this section requires a school
district to pay the teacher until the reinstatement occurs if the
district has other legal grounds for not reinstating the teacher.

(b) So long as the right of the district board under subsection (9)
of this section and under ORS 183.480 and 183.500 to judicial review of
the action of the Fair Dismissal Appeals Board remains unexpired, the
district school board may withhold the reinstated teacher from
performance of teaching duties, unless otherwise ordered by the court
having jurisdiction of the appeal.

(c) Subject to ORS 342.850 (9), if the Fair Dismissal Appeals Board
panel determines that the procedures described in ORS 342.850 (2)(b)(A)
to (D) have not been substantially complied with, the teacher may be
reinstated with back pay as provided in paragraph (a) of this subsection.

(8) Subject to subsection (6) of this section, if the Fair
Dismissal Appeals Board panel finds the facts relied on to support the
recommendation of the district superintendent true and substantiated, and
that those facts justify the statutory grounds cited as reason for the
dismissal or nonextension and so notifies the contract teacher, the
district superintendent, the district school board and the Superintendent
of Public Instruction in writing, the dismissal or nonextension becomes
final on the date of the notice.

(9) An appeal from action of the Fair Dismissal Appeals Board panel
shall be taken in the manner provided in ORS 183.480.

(10)(a) If both the district board and the teacher or teacher’s
representative agree, arbitration may be used as an alternative to a
hearing before a Fair Dismissal Appeals Board panel to determine if the
teacher’s dismissal or nonextension of a contract is in compliance with
the standards of ORS 342.805 to 342.910. If the teacher or teacher’s
representative desires to use the arbitration procedure, the request for
arbitration shall be included in the request for appeal that is filed
with the Superintendent of Public Instruction under this section. Within
10 days of the time the superintendent of the district is notified of the
teacher’s intent to appeal the dismissal or nonextension of a contract,
the superintendent of the district shall notify the teacher or teacher’s
representative and the Superintendent of Public Instruction as to whether
the district has agreed to use the arbitration procedure. If the district
determines not to use the arbitration procedure, the hearing procedure
shall be continued under this section in the same manner as if no request
for arbitration had been made. If the arbitration procedure is used, the
teacher has no further rights to a hearing before a Fair Dismissal
Appeals Board panel.

(b) The procedures for selection of the arbitrator are those in the
applicable collective bargaining agreement. If there is no provision or
agreement or if the agreement does not contain a procedure for selection,
the parties shall request a list of five arbitrators from the Employment
Relations Board and shall choose an arbitrator by alternative striking of
names until one name is left. The remaining person shall act as the
arbitrator. The Employment Relations Board shall compile a roster of
qualified arbitrators from which the lists are to be taken.

(c) In determining whether the district board’s dismissal or
nonextension of the teacher should be sustained, the arbitrator shall use
the same reasons, rules and levels of evidence as are required for the
Fair Dismissal Appeals Board under ORS 342.805 to 342.910. [1965 c.608
§12; 1971 c.570 §8; 1973 c.298 §6; 1973 c.612 §14; 1977 c.223 §1; 1977
c.400 §5; 1977 c.881 §6; 1979 c.668 §4; 1987 c.663 §2; 1993 c.236 §1;
1993 c.237 §1; 1993 c.778 §28; 1997 c.864 §13; 2001 c.449 §1; 2003 c.798
§4](1) Any teacher
who files an appeal of a dismissal or nonextension of a contract decision
with the Fair Dismissal Appeals Board, upon motion of the school
district, shall be required to waive any contract grievance claim
regarding the same dismissal or nonextension of a contract as a condition
to Fair Dismissal Appeals Board or subsequent judicial review.

(2) A school district and an exclusive bargaining representative of
teachers may agree to waive all or any part of the rights and procedures
provided under ORS 342.805 to 342.937 if third party review of any
dismissal or nonextension of a contract teacher is available. [1995 c.286
§16; 1997 c.864 §14] (1) A Fair Dismissal
Appeals Board is created, consisting of 20 members appointed by the
Governor, subject to confirmation by the Senate as provided in ORS
171.562 and 171.565. Five members shall be administrators in common or
union high school districts, five members shall be contract teachers,
five members shall be members of common or union high school district
boards at the time of their appointment and five members shall not be
affiliated with any common or union high school district. At least one
member from each category shall be resident of a school district with an
average daily membership as defined in ORS 327.006, of less than 1,500
students; one from each category shall be resident of a school district
containing from 1,500 to 4,500 students; and one from each category shall
be resident of a school district containing over 4,500 students.

(2) Except as provided in subsection (3) 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.

(3) 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 (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.

(4) The continued service of a member as provided in subsection (3)
of this section shall not prevent a successor from taking office at the
time prescribed in subsection (2) of this section.

(5) Members shall be entitled to compensation and expenses as
provided in ORS 292.495 for each day or part thereof during which they
perform duties under ORS 342.805, 342.815, 342.835, 342.850, 342.875,
342.895 to 342.910 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.

(6) 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.

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

(8) 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 and 342.910. [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](1) The procedure for reduction in teacher staff
positions resulting from the school district’s lack of funds to continue
its educational program at its anticipated level or resulting from the
district’s elimination or adjustment of classes due to administrative
decision shall be as provided in this section. However, nothing in this
section is intended to interfere with the right of a fair dismissal
district to discharge, remove or fail to renew the contract of a
probationary teacher pursuant to ORS 342.835.

(2) The school district shall make every reasonable effort to:

(a) Transfer teachers of courses scheduled for discontinuation to
other teaching positions for which they are licensed and qualified.

(b) Combine teaching positions in a manner which allows teachers to
remain qualified so long as the combined positions meet the curriculum
needs of the district and the competence consideration specified in
subsection (4) of this section.

(3) In determining teachers to be retained when a school district
reduces its staff under this section, the school district shall:

(a) Determine whether teachers to be retained hold proper licenses
at the time of layoff to fill the remaining positions.

(b) Determine seniority of teachers to be retained, calculated from
the first day of actual service as teachers with the school district
inclusive of approved leaves of absence. Ties shall be broken by drawing
lots.

(c) Determine competence and merit of teachers, if necessary, under
subsection (4) of this section.

(4) If a school district desires to retain a teacher with less
seniority than a teacher being released under this section, the district
shall determine that the teacher being retained has more competence or
merit than the teacher with more seniority who is being released.

(5) An administrator shall retain status and seniority as a
contract teacher and voluntarily may return to teaching in a reduction in
staff situation. However, an administrator who was never employed as a
teacher in the district shall not be eligible to become a
nonadministrative teacher in the district if the effect is to displace a
nonadministrative contract teacher.

(6) In consultation with its employees or, for those employees in a
recognized or certified collective bargaining unit, with the exclusive
bargaining representative of that unit, each school district shall
establish a procedure for recalling teachers to employment in the
district who have been released because of a prospective or actual
reduction in staff. The procedure so established shall define the
criteria for recall and the teacher shall have the right of recall
thereunder for 27 months after the last date of release by the district
unless waived as provided in such procedure by rejection of a specific
position. A contract teacher who is recalled shall retain the status
obtained before the release. A probationary teacher who is recalled shall
have years taught for the district counted as if the employment had been
continuous for purposes of obtaining contract teacher status.

(7) An appeal from a decision on reduction in staff or recall under
this section shall be by arbitration under the rules of the Employment
Relations Board or by a procedure mutually agreed upon by the employee
representatives and the employer. The results of the procedure shall be
final and binding on the parties. Appeals from multiple reductions may be
considered in a single arbitration. The arbitrator is authorized to
reverse the staff reduction decision or the recall decision made by the
district only if the district:

(a) Exceeded its jurisdiction;

(b) Failed to follow the procedure applicable to the matter before
it;

(c) Made a finding or order not supported by substantial evidence
in the whole record; or

(d) Improperly construed the applicable law.

(8) After August 15, 1997, a school district shall not agree in any
collective bargaining agreement to waive the right to consider competence
in making decisions about the order of reduction in staff or recall of
staff. Nothing in this subsection shall prevent a school district and the
exclusive bargaining representative from agreeing to alternative criteria
for competence determinations under this subsection so long as the
criteria ensure that all retained teachers are qualified for the
positions they fill. As used in this subsection, “qualified” means the
measurement of the teacher’s ability to teach the particular grade level
or subject matter in which the teacher is placed after the reduction in
force. Qualifications shall be measured by more than seniority and
licensure, but may include other criteria that reasonably measure the
teacher’s fitness to teach the relevant grade or subject level.
Determinations of competence or qualifications under this subsection may
take into account requirements for any special needs students.

(9) As used in this section:

(a) “Competence” means the ability to teach a subject or grade
level based on recent teaching experience related to that subject or
grade level within the last five years, or educational attainments, or
both, but not based solely on being licensed to teach. The district may
consider a teacher’s willingness to undergo additional training or pursue
additional education in deciding upon questions of competence.

(b) “Merit” means the measurement of one teacher’s ability and
effectiveness against the ability and effectiveness of another teacher.
[1981 c.569 §3; 1983 s.s. c.1 §1; 1989 c.282 §1; 1993 c.480 §1; 1997
c.864 §15] The
Superintendent of Public Instruction may reimburse any school districts
for all or part of the costs reasonably related to a dismissal of a
contract teacher or nonextension of a contract teacher’s contract, or
appeal therefrom under ORS 342.805 to 342.937, provided that the school
district is the ultimate prevailing party. The superintendent may
consider the school district’s ability to pay the costs related to the
dismissal or nonextension of the contract teacher, and seek such funds
from the Emergency Board as may be in the superintendent’s judgment
necessary to carry out this provision. [1997 c.864 §6]MISCELLANEOUSNotwithstanding any other law, a district school board may
conduct internal investigations of alleged employee misconduct or
wrongdoing at any time. [1997 c.864 §17]Note: 342.961 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 342 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. A district school board may
provide for the interchange of teachers with school districts of other
states or countries. Teachers exchanged shall teach one year, the year’s
service outside the state being credited to them as service in the
district in which they are regularly employed when the interchange is
made. The salary of the Oregon teacher shall be paid by the Oregon school
district and the salaries of the teachers from outside of Oregon shall be
paid by the school districts in their respective states or countries.
[Formerly 342.510] A person
teaching a distance learning course originating in Oregon must:

(1) Have a teaching license issued by the Teacher Standards and
Practices Commission with the appropriate subject matter endorsement; or

(2) Be employed by a post-secondary institution accredited by the
Northwest Association of Schools and Colleges and have the appropriate
subject matter preparation. [1991 c.710 §3]

_______________

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