Chapter 342 — Chapter 342
249 sections in this chapter.
ORS 342.770 [1971 c.582 §8; repealed by 1973 c.536 §39]
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[Repealed or reserved.]
ORS 342.780 [1971 c.582 §9; repealed by 1973 c.536 §39]
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[Repealed or reserved.]
ORS 342.782 [1987 c.896 §14; 1989 c.187 §7; repealed by 1993 c.45 §187]
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[Repealed or reserved.]
ORS 342.784 [1987 c.896 §15; renumbered 329.790 in 1993]
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[Repealed or reserved.]
ORS 342.786 [1987 c.896 §§16, 28; 1989 c.187 §8; 1993 c.45 §189; renumbered 329.795 in 1993]
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[Repealed or reserved.]
ORS 342.788 [1987 c.896 §17; 1989 c.187 §9; 1993 c.45 §190; renumbered 329.800 in 1993]
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[Repealed or reserved.]
ORS 342.790 [1987 c.896 §§18, 22; 1989 c.187 §10; 1993 c.45 §191; renumbered 329.805 in 1993]
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[Repealed or reserved.]
ORS 342.792 [1987 c.896 §19; 1993 c.45 §192; renumbered 329.810 in 1993]
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[Repealed or reserved.]
ORS 342.794 [1987 c.896 §20; 1989 c.187 §11; renumbered 329.815 in 1993]
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[Repealed or reserved.]
ORS 342.796 [1987 c.896 §21; 1991 c.67 §84; 1993 c.45 §193; renumbered 329.820 in 1993]
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[Repealed or reserved.]
ORS 342.798 [1987 c.896 §23; repealed by 1989 c.187 §13]
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ACCOUNTABILITY FOR SCHOOLS FOR THE 21ST CENTURY LAW
ORS 342.805 Short title. ORS 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]
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[Repealed or reserved.]
ORS 342.815 Definitions for ORS 342.805 to 342.937. As used in ORS 342.805 to 342.937 unless the context requires otherwise
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(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 superint…
ORS 342.825 [1965 c.608 §3; 1973 c.298 §1; repealed by 1977 c.881 §8]
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[Repealed or reserved.]
ORS 342.835 Probationary teacher. (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
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(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 March 15, and upon request shall be provided a hearing before the di…
ORS 342.840 Determination of length of service for probationary teacher. 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]
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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.
ORS 342.845 Contract teacher; part-time contract teacher; effect of program transfer; administrator contracts. (1) A contract teacher shall not be subjected to the requirement of annual appointment nor shall the teacher be dismissed or employed on a part-time basis without the consent of the teacher except as provided in ORS 342.805 to 342.937
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(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 subjec…
ORS 342.850 Teacher evaluation; personnel file content; rules. (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
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(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 th…
ORS 342.855 [1965 c.608 §8; repealed by 1971 c.570 §15]
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[Repealed or reserved.]
ORS 342.856 Core teaching standards. (1) The State Board of Education, in consultation with the Teacher Standards and Practices Commission, shall adopt core teaching standards to improve student academic growth and learning by
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(a) Assisting school districts in determining the effectiveness of teachers and administrators and in making human resource decisions; and (b) Improving the professional development and the classroom and administrative practices of teachers and administrators. (2) The core teachi…
ORS 342.865 Grounds for dismissal or contract nonextension of contract teacher. (1) No contract teacher shall be dismissed or the teacher’s contract nonextended except for
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(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 …
ORS 342.875 Suspension; reinstatement. Whenever a district superintendent has reason to believe that cause exists for the dismissal of a contract teacher on any ground specified in ORS 342.865 (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]
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[Repealed or reserved.]
ORS 342.885 [1965 c.608 §10; repealed by 1973 c.298 §9]
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[Repealed or reserved.]
ORS 342.895 Contract teachers; procedure for dismissal or contract nonextension; appeal. (1) Contract teachers shall be employed by a school district pursuant to two-year employment contracts
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(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 …
ORS 342.905 Appeal procedure; arbitration as alternative. (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
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(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 pro…
ORS 342.910 Waiver of contract grievance claim if appeal of dismissal decision filed; waiver of certain rights and procedures. (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
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(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.28…
ORS 342.915 [1965 c.608 §13; 1971 c.570 §9; 1979 c.668 §5; repealed by 1997 c.864 §29]
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[Repealed or reserved.]
ORS 342.925 [1965 c.608 §14; repealed by 1971 c.570 §15]
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[Repealed or reserved.]
ORS 342.930 Fair Dismissal Appeals Board; rules. (1) The Fair Dismissal Appeals Board is created, consisting of 24 members appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 and 171.565
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(2)(a) The membership of the board shall be as follows: (A) Six members must be administrators in common or union high school districts; (B) Six members must be contract teachers; (C) Six members must be members of common or union high school district boards at the time of their …
ORS 342.934 Procedure for reduction of teacher staff due to funding or administrative decision. (1) As used in this section
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(a) “Competence” means the ability of a teacher to teach a subject or grade level based on consideration of any of the following: (A) Teaching experience within the past five years related to the subject or grade level; (B) Educational attainments, which may not be based solely o…
ORS 342.935 [1965 c.608 §15; repealed by 1971 c.570 §15; see 342.960]
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[Repealed or reserved.]
ORS 342.937 Reimbursement for teacher dismissal costs. 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]
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EDUCATOR ADVANCEMENT COUNCIL
ORS 342.940 Educator Advancement Council; members; duties; rules. (1) As used in this section and ORS 342.943, “educator” means a person who is
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(a) A teacher, an administrator or another school employee who is employed to provide instruction or support to students in early childhood education or in kindergarten through grade 12; or (b) Entering into or enrolled in an educator preparation program. (2)(a) The Educator Adva…
ORS 342.943 System of educator networks; eligibility; duties. (1) The Educator Advancement Council shall establish a system of educator networks, including prescribing characteristics of educator networks and selecting the entities to serve as educator networks
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(2) An entity is eligible to sponsor an educator network if the entity: (a) Is a school district, an education service district, a nonprofit organization, a post-secondary institution of education, a federally recognized tribe of this state or a consortium that is any combination…
ORS 342.945 [1965 c.608 §16; repealed by 1971 c.570 §15]
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[Repealed or reserved.]
ORS 342.950 [2013 c.661 §§1,2; 2015 c.27 §§36,37; 2015 c.188 §§13,14; 2015 c.245 §§27,28; 2015 c.487 §§1,2; 2015 c.604 §§17,18; 2015 c.647 §§29,30; 2015 c.774 §§25,57; 2015 c.790 §§8b,8c; 2016 c.8 §§1,2; 2017 c.639 §§4,10; 2018 c.72 §§15,16; repealed by 2017 c.639 §19]
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[Repealed or reserved.]
ORS 342.953 Educator Advancement Fund. (1) The Educator Advancement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Educator Advancement Fund shall be credited to the Educator Advancement Fund
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(2) Moneys in the Educator Advancement Fund are continuously appropriated to the Department of Education for the Educator Advancement Council created by ORS 342.940. (3) The Department of Education, on behalf of the State of Oregon, may solicit and accept gifts, grants or donatio…
ORS 342.955 [1965 c.608 §17; 1973 c.298 §8; 1979 c.861 §8; repealed by 1987 c.898 §28]
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[Repealed or reserved.]
ORS 342.960 [1971 c.743 §359; see 342.935; repealed by 1973 c.298 §9]
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MISCELLANEOUS
ORS 342.961 Internal investigations of employee misconduct or wrongdoing. Notwithstanding any other law, a district school board may conduct internal investigations of alleged employee misconduct or wrongdoing at any time. [1997 c.864 §17]
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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.
ORS 342.965 Interchange of teachers. 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]
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[Repealed or reserved.]
ORS 342.970 [Formerly 342.520; repealed by 1993 c.45 §195]
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[Repealed or reserved.]
ORS 342.971 Educator Preparation Improvement Fund. (1) There is created the Educator Preparation Improvement Fund, separate and distinct from the General Fund. Interest earned on moneys in the Educator Preparation Improvement Fund shall be credited to the fund
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(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 Educator Preparation Improvement Fund. (3) Moneys credited to the Educator Preparation Improvement…
ORS 342.974 Oregon Education Support Professional of the Year Program; rules. (1) The Department of Education shall create an Oregon Education Support Professional of the Year Program
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(2) Each year, in collaboration with the Oregon State Lottery Commission, the Department of Education shall honor and recognize at least one outstanding education support professional that serves students in any grade from prekindergarten through grade 12. (3) To qualify for an a…
ORS 342.975 [Formerly 342.560; 1973 c.270 §16; 1977 c.783 §2; repealed by 1993 c.45 §196]
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[Repealed or reserved.]
ORS 342.980 [Formerly 342.575; 1967 c.67 §15; 1973 c.270 §17; repealed by 1993 c.45 §196]
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[Repealed or reserved.]
ORS 342.982 [1977 c.635 §7; renumbered 342.495]
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[Repealed or reserved.]
ORS 342.985 [1991 c.710 §3; renumbered 342.156 in 2009]
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[Repealed or reserved.]
ORS 342.990 [Repealed by 1965 c.100 §456]
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