Chapter 342 — Teachers and Other School Personnel

 

New sections of law were enacted by the Legislative Assembly during its 2014 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2014 Oregon Laws chapters: 2014 Session Laws 0035

 

 

2013 EDITION

 

TEACHERS AND OTHER SCHOOL PERSONNEL

 

EDUCATION AND CULTURE

 

GENERAL PROVISIONS

 

342.120     Definitions for chapter

 

LICENSING AND REGISTRATION OF TEACHERS AND ADMINISTRATORS

 

(Generally)

 

342.121     Teacher and administrator licensing; certification

 

342.122     National Board Certification Fund; rules

 

342.123     Knowledge of civil rights laws and ethical standards required; exception

 

342.125     Types of licenses; charter school teacher and administrator registry; expedited process

 

342.127     Fees; basis

 

342.130     Certain existing certificates and licenses not invalidated

 

342.135     Basic, standard and other teaching licenses; basis of renewal; rules

 

342.136     Initial teaching, personnel service and administrative licenses; renewal

 

342.137     Teacher leader license; renewal

 

342.138     Professional teaching license, continuing personnel service license and continuing administrative license; renewal

 

342.140     Administrative license

 

342.143     Issuance of licenses and registrations

 

342.144     American Indian languages teaching license

 

342.147     Approval of teacher education institutions and programs; rules

 

342.153     Proficiency in Braille required for teaching license to provide education to blind students

 

342.156     Qualifications to teach distance learning course

 

342.165     Commission rules

 

342.167     State board review of rules

 

342.173     Effect of employing unlicensed teacher or administrator by certain districts

 

(Discipline)

 

342.175     Grounds for discipline; reinstatement

 

342.176     Preliminary investigation; materials confidential; notice

 

342.177     Hearing and decision on charges; notice

 

342.180     Appeal

 

342.183     Letters of informal reproval

 

342.190     Administrative Procedures Act not applicable to proceedings for reinstatement, revocation or suspension

 

(Miscellaneous)

 

342.192     Licensing requirements for out-of-state applicants; reciprocal agreements; rules

 

342.195     Teaching licenses based on experience in certain federal programs; rules

 

342.197     Teaching licenses based on experience in private school or career school

 

342.200     Administrative licenses based on professional skills and experience; advanced leadership endorsement

 

342.202     Administrator comprehensive leadership development system

 

342.203     Circulation of list of teachers, administrators and student teachers subjected to discipline

 

342.208     Model career pathways for educational assistants to become licensed teachers

 

(Criminal Records Check)

 

342.223     Criminal records check; effect of making false statement; appeal

 

342.227     Issuance of temporary license or certificate pending result of check

 

342.232     Employment pending result of check

 

TEACHER STANDARDS AND PRACTICES COMMISSION

 

342.350     Commission established; confirmation; term; vacancy; effect of change in circumstances

 

342.360     Members; qualifications

 

342.380     Organization

 

342.390     Meetings; expenses

 

342.410     Executive director; employees

 

342.420     Member’s salary; reimbursement to district

 

342.430     Teacher Standards and Practices Commission Account; use

 

MINORITY TEACHER ACT

 

342.433     Definitions for ORS 342.433 to 342.449

 

342.437     Goals

 

342.443     Reports to legislature

 

Note          Report on Minority Teacher Act of 1991--2013 c.778 §7

 

342.447     Plans for recruitment, admission, retention and graduation of minority teachers; rules

 

342.449     Short title

 

SCHOOL NURSES

 

342.455     Definition of “school nurse”

 

342.465     Rules; notice if action taken on license

 

342.475     School nurses; certificates

 

342.485     Commission to consult with and advise Oregon State Board of Nursing on school nursing

 

342.495     Holder of school nurse certificate qualified to conduct and coordinate health services program

 

CONTRACTS OF TEACHERS AND ADMINISTRATORS

 

342.513     Renewal or nonrenewal of contracts for following year

 

342.521     Contracts with teachers for return of part of salary prohibited

 

342.545     Termination of teacher’s contract; release

 

342.549     Administrator contracts; benefits after termination

 

342.553     Discipline for resigning without providing required notice

 

TERMS AND CONDITIONS OF EMPLOYMENT OF SCHOOL PERSONNEL

 

342.608     Working hours for licensed personnel; duty-free lunch period required; exception

 

342.610     Minimum salary for substitute teachers

 

342.664     Required ratio of pupils to staff holders of first aid cards; waiver; rules

 

SEXUAL HARASSMENT

 

342.700     Policy on sexual harassment; posting and availability of policy

 

342.704     Adoption of school district policies on sexual harassment required; contents; rules

 

342.708     ORS 342.700 and 342.704 not limitation on or prerequisite for other rights and remedies

 

STEROIDS AND PERFORMANCE-ENHANCING SUBSTANCES

 

342.721     Definitions for ORS 342.723 and 342.726

 

342.723     Prohibitions on school district employees

 

342.726     Curricula to include information on steroids and performance-enhancing substances; training of school employees

 

ACCOUNTABILITY FOR SCHOOLS FOR THE 21ST CENTURY LAW

 

342.805     Short title

 

342.815     Definitions for ORS 342.805 to 342.937

 

342.835     Probationary teacher

 

342.840     Determination of length of service for probationary teacher

 

342.845     Contract teacher; part-time contract teacher; effect of program transfer; administrator contracts

 

342.850     Teacher evaluation; personnel file content; rules

 

342.856     Core teaching standards

 

342.865     Grounds for dismissal or contract nonextension of contract teacher

 

342.875     Suspension; reinstatement

 

342.895     Contract teachers; procedure for dismissal or contract nonextension; appeal

 

342.905     Appeal procedure; arbitration as alternative

 

342.910     Waiver of contract grievance claim if appeal of dismissal decision filed; waiver of certain rights and procedures

 

342.930     Fair Dismissal Appeals Board; rules

 

342.934     Procedure for reduction of teacher staff due to funding or administrative decision

 

342.937     Reimbursement for teacher dismissal costs

 

NETWORK OF QUALITY TEACHING AND LEARNING

 

342.950     Network of Quality Teaching and Learning; rules

 

342.953     Network of Quality Teaching and Learning Fund

 

Note          Report on teachers by Oregon Education Investment Board--2013 c.661 §5

 

MISCELLANEOUS

 

342.961     Internal investigations of employee misconduct or wrongdoing

 

342.965     Interchange of teachers

 

342.971     Educator Preparation Improvement Fund

 

      342.005 [Amended by 1955 c.518 §1; repealed by 1961 c.439 §13]

 

      342.007 [1953 c.85 §1; repealed by 1965 c.100 §456]

 

      342.010 [Repealed by 1965 c.100 §456]

 

      342.015 [Repealed by 1961 c.439 §13]

 

      342.017 [1991 c.693 §16; 1993 c.45 §148; renumbered 329.753 in 1993]

 

      342.020 [Repealed by 1961 c.439 §13]

 

      342.025 [Repealed by 1961 c.439 §13]

 

      342.030 [Repealed by 1961 c.439 §13]

 

      342.035 [Repealed by 1961 c.439 §13]

 

      342.040 [Repealed by 1961 c.439 §13]

 

      342.045 [Repealed by 1961 c.439 §13]

 

      342.050 [Amended by 1955 c.518 §2; repealed by 1961 c.439 §13]

 

      342.055 [Repealed by 1963 c.544 §52]

 

      342.060 [Amended by 1957 c.638 §1; repealed by 1965 c.100 §456]

 

      342.065 [Amended by 1955 c.101 §1; renumbered 342.602]

 

      342.070 [Amended by 1957 c.638 §2; 1961 c.677 §1; renumbered 342.175]

 

      342.075 [Amended by 1961 c.677 §2; renumbered 342.180]

 

      342.080 [Repealed by 1961 c.439 §13]

 

      342.085 [Amended by 1955 c.214 §1; repealed by 1965 c.100 §456]

 

      342.090 [Repealed by 1965 c.100 §456]

 

      342.095 [Repealed by 1965 c.100 §456 and 1965 c.550 §6]

 

      342.100 [Repealed by 1965 c.100 §456 and 1965 c.550 §6]

 

      342.105 [Repealed by 1961 c.439 §13]

 

      342.110 [Amended by 1961 c.707 §1; repealed by 1961 c.439 §13]

 

      342.115 [Repealed by 1961 c.439 §13]

 

GENERAL PROVISIONS

 

      342.120 Definitions for chapter. As used in this chapter, unless the context requires otherwise:

      (1) “Administrator” includes but is not limited to 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 a disability 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.

      (11) “Underrepresented person” means:

      (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. [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; 2007 c.70 §100; 2011 c.609 §4]

 

LICENSING AND REGISTRATION OF TEACHERS AND ADMINISTRATORS

 

(Generally)

 

      342.121 Teacher and administrator licensing; certification. (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)(a) In addition to a teaching or administrative license, a person may obtain professional 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 on the national level. A professional teaching certificate or administrative certificate is not required to teach or administer in a public school of this state.

      (b) In addition to holding an administrative license as a superintendent, a person who is a superintendent of an education service district shall obtain certification, indicating a higher degree of competency, knowledge and skill based on work experience and advanced study, from the commission. The certificate shall be designed to ensure that the superintendent has knowledge of theories related to change, strategic planning and financial planning and is capable of formulating interorganizational cooperation and developing partnerships. The certificate described in this paragraph is required for a person to be a superintendent of an education service district of this state. [1991 c.662 §11; 1993 c.45 §151; 2011 c.609 §5; 2011 c.705 §27]

 

      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.

 

      342.122 National Board Certification Fund; rules. (1) There is created the National Board Certification Fund, separate and distinct from the General Fund. Interest earned on moneys in the National Board 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 National Board Certification Fund.

      (3) Moneys credited to the National Board Certification Fund are continuously appropriated to the commission for the purposes set forth in subsections (4) and (5) of this section. The commission may draw checks or orders upon the State Treasurer in making disbursements from the fund for the purposes stated in this subsection.

      (4) Moneys in the National Board Certification Fund shall be used to encourage public school teachers and administrators in this state to apply for and attain certification through the National Board for Professional Teaching Standards or any other national professional organization for teaching standards designated by the Teacher Standards and Practices Commission.

      (5) The Teacher Standards and Practices Commission may disburse moneys from the National Board Certification Fund to applicants for assistance with the direct costs of seeking and obtaining national board certification. The commission shall manage the fund in a manner that provides support, but does not pay for all the costs of any one application. Additionally, the commission shall manage the fund to provide continuous support to as many applicants as possible.

      (6) The Teacher Standards and Practices Commission shall adopt rules that govern the disbursement of moneys from the National Board Certification Fund consistent with this section. [2001 c.381 §2; 2011 c.609 §6]

 

      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.

 

      342.123 Knowledge of civil rights laws and ethical standards required; exception. (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 first-time license or registration issued by the commission to demonstrate knowledge of:

      (a) Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and other relevant federal and state statutes prohibiting discrimination; and

      (b) Ethical standards of professional conduct for licensees and registrants, as determined by the commission.

      (2) The requirements of this section do not apply to an applicant who is present in the United States on a nonimmigrant visa. [1977 c.805 §2; 1981 c.663 §1; 2009 c.392 §1; 2011 c.648 §3]

 

      342.125 Types of licenses; charter school teacher and administrator registry; expedited process. (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) Professional teaching license.

      (c) Teacher leader license.

      (d) Initial personnel service license.

      (e) Continuing personnel service license.

      (f) Initial administrative license.

      (g) 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 and administrator 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 or administrator. The application shall include:

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

      (B) A description of the background of the applicant that is relevant to the teaching or administrator 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 and to information received under ORS 342.143 (2), 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, the background check through an interstate clearinghouse of revoked and suspended licenses or the information received under ORS 342.143 (2). The registration is valid for three years and may be renewed upon joint application from the teacher or administrator 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.

      (d) A registration as a public charter school administrator qualifies its holder to accept the administrator 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 and any other school district or education service district. [1961 c.439 §2; 1965 c.100 §349; 1965 c.550 §2; part renumbered 342.127; 1973 c.270 §3; 1981 c.663 §2; 1991 c.662 §5; 1993 c.45 §152; 1997 c.352 §1; 1997 c.383 §1; 1999 c.199 §2; 2005 c.730 §17; 2007 c.575 §8; 2013 c.286 §1]

 

      342.126 [1977 c.826 §2; 1981 c.180 §1; 1993 c.45 §155; 1997 c.383 §10; repealed by 2008 c.39 §11]

 

      342.127 Fees; basis. (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 or administrator that includes any fee charged pursuant to rules adopted under ORS 181.534.

      (f) A fee not to exceed $75 for renewal of a registration as a public charter school teacher or administrator that includes any fee charged pursuant to 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; 2007 c.35 §3; 2007 c.575 §10]

 

      342.130 Certain existing certificates and licenses not invalidated. (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]

 

      342.135 Basic, standard and other teaching licenses; basis of renewal; rules. (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]

 

      342.136 Initial teaching, personnel service and administrative licenses; renewal. (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 and may be renewed every three years up to three times.

      (4) The commission shall develop a process that allows a teacher holding an initial teaching license to renew the initial teaching license after the time limit imposed by subsection (3) of this section if the teacher does not qualify for a professional teaching license due to lack of employment. [1997 c.383 §4; 2003 c.525 §1; 2013 c.286 §8]

 

      Note: Section 9, chapter 286, Oregon Laws 2013, provides:

      Sec. 9. The amendments to ORS 342.136 by section 8 of this 2013 Act apply to initial teaching license renewals made on or after the effective date of this 2013 Act [January 1, 2014]. Renewals made prior to the effective date of this 2013 Act shall not be considered for the purposes of determining the number of times that an initial teaching license has been renewed. [2013 c.286 §9]

 

      342.137 Teacher leader license; renewal. (1) A teacher leader license shall designate that its holder is qualified to provide leadership that may include mentoring, curriculum development support, teacher preparation support and other educational leadership.

      (2) A teacher leader license shall be issued on application to an otherwise qualified person who:

      (a) Has a valid professional teaching license; and

      (b) Has been deemed to be effective to highly effective in teaching, as shown by evaluations conducted in compliance with ORS 342.856 or as shown by other evidence identified by the Teacher Standards and Practices Commission by rule.

      (3) A teacher leader license may be renewed if the applicant meets the requirements established by the Teacher Standards and Practices Commission by rule.

      (4) The Teacher Standards and Practices Commission shall develop a process by which a teacher holding a teacher leader license is automatically issued a professional teaching license upon nonrenewal of a teacher leader license if the teacher meets the requirements for a professional teaching license. [2013 c.286 §7]

 

      Note: Section 14, chapter 286, Oregon Laws 2013, provides:

      Sec. 14. The Teacher Standards and Practices Commission shall ensure that teacher leader licenses may be first issued no later than July 1, 2014. [2013 c.286 §14]

 

      Note: 342.137 was added to and made a part of ORS chapter 342 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      342.138 Professional teaching license, continuing personnel service license and continuing administrative license; renewal. (1) A professional teaching license, a continuing personnel service license or a continuing 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 professional teaching license, a continuing personnel service license or a continuing administrative 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

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

      (c) Demonstrated minimum competencies, knowledge and skills required for the professional teaching license, continuing personnel service license or continuing administrative 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 professional teaching license, continuing personnel service license or continuing administrative license may renew the license in accordance with the rules of the commission.

      (4) A professional teaching license shall indicate that the holder has taught for more than three and one-half years and is ready to take on advanced roles and responsibilities as a teacher, including mentoring, curriculum development support, teacher preparation support and other educational leadership. [1997 c.383 §5; 2003 c.525 §2; 2011 c.301 §7; 2013 c.286 §10]

 

      Note: Section 11, chapter 286, Oregon Laws 2013, provides:

      Sec. 11. Nothing in the amendments to ORS 342.138 by section 10 of this 2013 Act affects the status of a continuing teaching license issued before the effective date of this 2013 Act [January 1, 2014]. [2013 c.286 §11]

 

      342.140 Administrative license. (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]

 

      342.143 Issuance of licenses and registrations. (1) No teaching, personnel service or administrative license may 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 require an applicant for a teaching, personnel service or administrative license or for registration as a public charter school teacher or administrator 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 or administrator.

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

      (a) No teaching, personnel service or administrative license or registration as a public charter school teacher or administrator may 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, 163.432, 163.433, 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, 167.008, 167.012, 167.017, 167.057, 167.062, 167.075, 167.080, 167.090, 475.808, 475.810, 475.812, 475.818, 475.820, 475.822, 475.828, 475.830, 475.832, 475.848, 475.852, 475.858, 475.860, 475.862, 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.

      (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.

      (D) Has had a teaching, personnel service or administrative license or registration revoked in another jurisdiction for a reason that is substantially equivalent, as defined by rule, to a reason described in ORS 342.175 and the revocation is not subject to further appeal. A person whose privilege to apply for a license or registration is denied under this subparagraph may apply for reinstatement of the privilege as provided in ORS 342.175 (4).

      (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; 2007 c.575 §11; 2007 c.869 §10; 2007 c.876 §8; 2009 c.386 §4; 2011 c.151 §11; 2011 c.524 §21; 2011 c.681 §7; 2013 c.591 §11]

 

      342.144 American Indian languages teaching license. (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 public university listed in ORS 352.002.

      (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 the holder of the license is 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 the holder of the license is 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 (2) to (4).

      (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; 2007 c.71 §94; 2007 c.863 §9; 2011 c.637 §125]

 

      342.145 [1961 c.439 §6; 1965 c.100 §356; repealed by 1965 c.550 §6]

 

      342.147 Approval of teacher education institutions and programs; rules. (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 degrees or establishing degree requirements that are within the authority of the State Board of Higher Education or any of the public universities listed in ORS 352.002, 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; 2011 c.637 §126]

 

      342.150 [1961 c.439 §7; 1963 c.173 §1; 1965 c.100 §357; repealed by 1965 c.550 §6]

 

      342.153 Proficiency in Braille required for teaching license to provide education to blind students. (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.

 

      342.155 [1961 c.439 §8; 1965 c.100 §358; 1989 c.125 §2; repealed by 1993 c.45 §160]

 

      342.156 Qualifications to teach distance learning course. 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 Commission on Colleges and Universities or its successor, and have the appropriate subject matter preparation. [Formerly 342.985; 2013 c.1 §38]

 

      Note: 342.156 was added to and made a part of ORS chapter 342 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      342.160 [1961 c.439 §9; repealed by 1965 c.100 §456 and 1965 c.550 §6]

 

      342.165 Commission rules. (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]

 

      342.167 State board review of rules. (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 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.

 

      342.169 [1981 c.180 §3; 1993 c.45 §165; 2009 c.256 §1; renumbered 342.664 in 2009]

 

      342.170 [1961 c.439 §11; 1965 c.100 §360; repealed by 1965 c.535 §17]

 

      342.173 Effect of employing unlicensed teacher or administrator by certain districts. (1) Any school district that 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 not to exceed the amount of the salary paid to the person for the time during which the person is employed. The forfeiture is effective unless:

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

      (b) The teacher is employed by a post-secondary institution that is accredited by the Northwest Commission on Colleges and Universities or its successor, and that 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 may 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 may 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 may 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; 2013 c.1 §39]

 

      342.174 [1975 c.278 §7; 1987 c.320 §156; 1993 c.45 §167; renumbered 179.405 in 1993]

 

(Discipline)

 

      342.175 Grounds for discipline; reinstatement. (1) The Teacher Standards and Practices Commission may suspend or revoke the license or registration of a teacher or administrator, discipline a teacher or administrator or suspend or revoke the right of any person to apply for a license or registration if the licensee, registrant or applicant has held a license or registration 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 registration; or

      (f) Failure to comply with any condition of reinstatement under subsection (4) of this section or any condition of probation under ORS 342.177 (3)(b).

      (2) If a person is enrolled in an approved teacher education institution or program under ORS 342.147, the commission may issue a public reprimand or suspend or revoke the right to apply for a license or registration based on the following:

      (a) Conviction of a crime listed in ORS 342.143 (3) or a crime described by the commission by rule;

      (b) 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; or

      (c) Any conduct that may cause the commission to suspend or revoke the license or registration of a teacher.

      (3) 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 and the holder or applicant has been convicted of any crime described in ORS 342.143 (3).

      (4) Except for convictions for crimes listed in ORS 342.143 (3) and subject to subsection (5) 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.

      (5) 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.

      (6) 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.

      (7) 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; 2007 c.575 §12; 2009 c.386 §1]

 

      342.176 Preliminary investigation; materials confidential; notice. (1) The Teacher Standards and Practices Commission shall promptly undertake an investigation upon receipt of a complaint or information that may constitute grounds for:

      (a) Refusal to issue a license or registration, as provided under ORS 342.143;

      (b) Suspension or revocation of a license or registration, discipline of a person holding a license or registration, or suspension or revocation of the right to apply for a license or registration, as provided under ORS 342.175; or

      (c) Discipline for failure to provide appropriate notice prior to resignation, as provided under ORS 342.553.

      (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)(a) Except as provided in paragraph (b) of this subsection, 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 to:

      (A) Refuse to issue a license or registration, as provided under ORS 342.143;

      (B) Suspend or revoke a license or registration, discipline a person holding a license or registration, or suspend or revoke the right to apply for a license or registration, as provided under ORS 342.175; or

      (C) Discipline a person for failure to provide appropriate notice prior to resignation, as provided under ORS 342.553.

      (b) Records made available to the commission under ORS 419B.035 (1)(h) shall be kept confidential.

      (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 or public charter school, 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 or public charter school, 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; 2007 c.575 §13; 2009 c.393 §2; 2009 c.706 §2]

 

      342.177 Hearing and decision on charges; notice. (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) 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 employing district may not attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. Students attending a public charter school that employs the person may not 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 or registration of the teacher or administrator for a period not to exceed one year.

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

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

      (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 employing school district or public charter school 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; 2007 c.575 §14; 2009 c.706 §3]

 

      342.180 Appeal. (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]

 

      342.183 Letters of informal reproval. (1) The Teacher Standards and Practices Commission may issue a letter of informal reproval to a person licensed, registered or certified by the commission if:

      (a) Following the completion of an investigation, the commission determines that the person has engaged in conduct that affects the person’s ability to be professionally effective, based on standards adopted by the commission by rule; and

      (b) Subject to subsection (5) of this section, the commission agrees not to pursue disciplinary action against the person under ORS 342.175 and the person agrees to the terms of the letter of informal reproval, including a monitoring period.

      (2) A letter of informal reproval issued as provided by subsection (1) of this section shall establish the terms of a monitoring period for the person to whom the letter is issued.

      (3) Upon the issuance of a letter of informal reproval, the commission shall notify the employer of the person to whom the letter is issued, including any terms of the letter that the employer may need to know to assist the person in complying with the terms of the letter.

      (4) A letter of informal reproval issued as provided by subsection (1) of this section:

      (a) Is confidential; and

      (b) Except when a disciplinary action is taken as provided in subsection (5) of this section, may not be posted on an interstate clearinghouse related to educator license sanctions.

      (5) If a person fails to comply with the terms of a letter of informal reproval, the commission may take disciplinary action against the person based on one or both of the following:

      (a) The conduct underlying the letter of informal reproval; or

      (b) The failure to comply with the terms of the letter of informal reproval.

      (6) If the executive director of the commission determines that a person failed to meet the terms of a letter of informal reproval, the executive director shall report the failure to the commission for the commission to make a final determination pursuant to ORS 342.176.

      (7) The documents and materials used in an investigation for the purposes of this section are confidential and are not subject to public inspection unless the commission makes a final determination to discipline the person pursuant to ORS 342.175. [2009 c.706 §5]

 

      Note: 342.183 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.

 

      342.185 [1961 c.677 §3; 1965 c.100 §365; repealed by 1973 c.228 §10]

 

      342.190 Administrative Procedures Act not applicable to proceedings for reinstatement, revocation or suspension. 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)

 

      342.192 Licensing requirements for out-of-state applicants; reciprocal agreements; rules. (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. [Formerly 342.400]

 

      342.195 Teaching licenses based on experience in certain federal programs; rules. (1) An otherwise qualified applicant for an initial or basic teaching license shall be granted the license upon payment of the required fees and the showing by proof satisfactory to the Teacher Standards and Practices Commission that:

      (a) While the applicant was in the Peace Corps program or was a volunteer under section 603 of the Economic Opportunity Act of 1964 (Public Law 88-452), the applicant:

      (A) Completed two years of satisfactory service that emphasized teaching in any preprimary program or in any grade 1 through 12 in subjects regularly taught in public schools; and

      (B)(i) Has completed an approved teacher education program; or

      (ii) Has earned at least a baccalaureate degree from an accredited institution of higher education and has completed a teacher training program provided under the auspices of the federal program; or

      (b) The applicant was a certified instructor for the Armed Forces of the United States, if the applicant provides the commission with documentation of military training or experience that the commission determines is substantially equivalent to the training required for an initial or basic teaching license.

      (2)(a) The commission shall establish by rule an expedited process by which a military spouse or domestic partner who is licensed to teach in another state may apply for and obtain a teaching license.

      (b) As used in this subsection, “military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. [1967 c.304 §2; 1973 c.270 §9; 1993 c.45 §307; 1997 c.383 §13; 2012 c.43 §1a; 2013 c.351 §2]

 

      342.197 Teaching licenses based on experience in private school or career school. The requirements of ORS 342.135 (3)(a), 342.136 and 342.138 may be met by teaching experience in:

      (1) A licensed career school, as defined in ORS 345.010.

      (2) A private school that meets standards adopted by the Teacher Standards and Practices Commission by rule. [Formerly 345.585]

 

      Note: 342.197 was added to and made a part of ORS chapter 342 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      342.200 Administrative licenses based on professional skills and experience; advanced leadership endorsement. (1) 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.

      (2) The commission shall establish and prescribe the requirements for an optional advanced leadership endorsement for licensed public school administrators who engage in mentoring, professional support for new teachers or administrators, outstanding instructional leadership and demonstrated school improvement. [1971 c.570 §1; 1973 c.270 §10; 2011 c.609 §7]

 

      342.202 Administrator comprehensive leadership development system. (1) The Department of Education, in partnership with the Teacher Standards and Practices Commission, shall create a comprehensive leadership development system for administrators licensed under ORS 342.125.

      (2) The comprehensive leadership development system must include:

      (a) A cost-effective plan that requires the coordination of public and private organizations and resources to:

      (A) Improve the success of this state’s highest needs students;

      (B) Provide research and technical assistance to schools seeking to adopt or enhance evidence-based leadership practices;

      (C) Recruit underrepresented persons into the field of public school leadership; and

      (D) Strengthen the capacity of administrators to improve education in public schools in this state;

      (b) A plan for collaboration and continuous improvement among administrator preparation programs approved by the Teacher Standards and Practices Commission to support performance-based assessments for administrators and candidates for administrative licensure;

      (c) A plan for recruitment of underrepresented persons into administrator leadership programs;

      (d) The improvement of access to high quality preparation and professional development for administrators working in rural school districts;

      (e) A method for disseminating evidence-based practices to support the development of effective principals and teachers; and

      (f) A method for providing research and technical assistance to school districts to encourage the placement of the most highly effective teachers in the highest need schools. [2011 c.609 §3]

 

      Note: 342.202 was added to and made a part of ORS chapter 342 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      342.203 Circulation of list of teachers, administrators and student teachers subjected to discipline. (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:

      (a) 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.

      (b) All students at approved teacher education institutions or programs under ORS 342.147 whose right to apply for a license or registration has been suspended or revoked during the preceding 12 months.

      (2) If the decision of the commission is appealed under ORS 342.180, the name of the teacher, administrator or student 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; 2009 c.386 §3]

 

      342.205 [Repealed by 1965 c.608 §21]

 

      342.208 Model career pathways for educational assistants to become licensed teachers. (1) The Oregon Education Investment Board shall develop model career pathways for educational assistants, as defined in ORS 342.120, to become licensed teachers. The model career pathways must take into consideration the skills and experience attained by an educational assistant.

      (2) The model career pathways must identify:

      (a) The minimum requirements for an educational assistant to participate in a career pathway, including the requirement that the educational assistant have attained at least an associate degree and be currently employed by a school district or an education service district.

      (b) Guidelines for school districts, education service districts and institutions of higher education to collaborate to assist an educational assistant who is participating in a career pathway. [2013 c.286 §2]

 

      Note: The amendments to 342.208 by section 4, chapter 286, Oregon Laws 2013, become operative March 15, 2016. See section 10, chapter 519, Oregon Laws 2011, as amended by section 1, chapter 37, Oregon Laws 2012, section 5, chapter 286, Oregon Laws 2013, section 89, chapter 624, Oregon Laws 2013, section 9, chapter 660, Oregon Laws 2013, section 3, chapter 661, Oregon Laws 2013, section 5, chapter 739, Oregon Laws 2013, section 194, chapter 747, Oregon Laws 2013, and section 6, chapter 778, Oregon Laws 2013. The text that is operative on and after March 15, 2016, is set forth for the user’s convenience.

      342.208. (1) The State Board of Education shall develop model career pathways for educational assistants, as defined in ORS 342.120, to become licensed teachers. The model career pathways must take into consideration the skills and experience attained by an educational assistant.

      (2) The model career pathways must identify:

      (a) The minimum requirements for an educational assistant to participate in a career pathway, including the requirement that the educational assistant have attained at least an associate degree and be currently employed by a school district or an education service district.

      (b) Guidelines for school districts, education service districts and institutions of higher education to collaborate to assist an educational assistant who is participating in a career pathway.

 

      Note: Section 3, chapter 286, Oregon Laws 2013, provides:

      Sec. 3. The Oregon Education Investment Board shall ensure that the model career pathways are developed no later than July 1, 2014. [2013 c.286 §3]

 

      Note: 342.208 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.

 

      342.210 [Amended by 1955 c.281 §1; 1959 c.433 §1; repealed by 1965 c.608 §21]

 

      342.215 [Repealed by 1957 c.591 §1]

 

      342.216 [1957 c.590 §2; repealed by 1965 c.608 §21]

 

      342.218 [1961 c.69 §§2,3; repealed by 1965 c.608 §21]

 

      342.220 [Amended by 1957 c.591 §2; repealed by 1965 c.608 §21]

 

(Criminal Records Check)

 

      342.223 Criminal records check; effect of making false statement; appeal. (1) For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the Teacher Standards and Practices Commission may require the fingerprints of:

      (a) A person who is applying for initial issuance of a license under ORS 342.120 to 342.430 as a teacher, administrator or personnel specialist if the person has not submitted to a criminal records check by the commission within the previous year.

      (b) A person who is applying for reinstatement of a license as a teacher, administrator or personnel specialist whose license has lapsed for at least three years.

      (c) A person who is applying for initial issuance of a certificate under ORS 342.475 as a school nurse.

      (d) A person who is registering with the commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist, if the person has not submitted to a criminal records check by the commission within the previous three years for student teaching, practicum or internship as a teacher, administrator or personnel specialist.

      (e) A person who is applying for initial issuance of a registration as a public charter school teacher or administrator under ORS 342.125.

      (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; 2007 c.35 §2; 2007 c.575 §15a; 2008 c.39 §8]

 

      342.225 [Amended by 1957 c.591 §3; repealed by 1965 c.608 §21]

 

      342.227 Issuance of temporary license or certificate pending result of check. 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]

 

      342.230 [Amended by 1957 c.591 §4; repealed by 1965 c.608 §21]

 

      342.232 Employment pending result of check. (1) A school district, education service district, private school or public charter school may authorize a person described under ORS 326.603 (1)(a), (c) or (d) to begin carrying out the terms of a contract pending the return of a state or nationwide criminal records check.

      (2) A school district, education service district, private school or public charter school may hire on a probationary basis a person described under ORS 326.603 (1)(b) or (d) pending the return of the criminal records check. [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; 2007 c.35 §4; 2009 c.437 §2]

 

      342.235 [Amended by 1959 c.433 §2; repealed by 1965 c.608 §21]

 

      342.240 [Repealed by 1965 c.608 §21]

 

      342.245 [Repealed by 1965 c.608 §21]

 

      342.250 [Amended by 1957 c.211 §1; repealed by 1965 c.608 §21]

 

      342.252 [1955 c.281 §3; repealed by 1965 c.608 §21]

 

      342.255 [Repealed by 1965 c.608 §21]

 

      342.260 [Repealed by 1965 c.608 §21]

 

      342.265 [Repealed by 1965 c.608 §21]

 

      342.270 [Repealed by 1965 c.608 §21]

 

      342.275 [Repealed by 1965 c.608 §21]

 

      342.280 [Repealed by 1965 c.608 §21]

 

      342.285 [Repealed by 1965 c.608 §21]

 

      342.290 [Repealed by 1965 c.608 §21]

 

      342.295 [Repealed by 1965 c.608 §21]

 

      342.300 [Repealed by 1965 c.608 §21]

 

      342.305 [Repealed by 1965 c.608 §21]

 

      342.310 [Repealed by 1965 c.608 §21]

 

      342.315 [Repealed by 1965 c.608 §21]

 

      342.320 [Repealed by 1965 c.608 §21]

 

      342.325 [Repealed by 1965 c.608 §21]

 

      342.330 [Amended by 1953 c.638 §2; 1959 c.400 §4; repealed by 1965 c.608 §21]

 

      342.340 [1965 c.535 §1; 1975 c.278 §3; 1991 c.144 §2; repealed by 1993 c.45 §170]

 

TEACHER STANDARDS AND PRACTICES COMMISSION

 

      342.350 Commission established; confirmation; term; vacancy; effect of change in circumstances. (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]

 

      342.360 Members; qualifications. (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 public university listed in ORS 352.002;

      (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 individualized education program of a child with a disability 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; 2007 c.70 §101; 2011 c.637 §127; 2013 c.1 §40]

 

      342.370 [1965 c.535 §5; 1975 c.278 §6; repealed by 1979 c.307 §8]

 

      342.380 Organization. (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]

 

      342.390 Meetings; expenses. (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 public university listed in ORS 352.002 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; 2011 c.637 §128]

 

      342.400 [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; renumbered 342.192 in 2013]

 

      342.410 Executive director; employees. 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]

 

      342.420 Member’s salary; reimbursement to district. (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]

 

      342.430 Teacher Standards and Practices Commission Account; use. 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

 

      342.433 Definitions for ORS 342.433 to 342.449. 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;

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

      (e) A person whose first language is not English.

      (2) “Teacher” includes a teacher or an administrator. [1991 c.434 §6; 1993 c.45 §175; 2013 c.778 §1]

 

      342.435 [1977 c.635 §8; repealed by 1981 c.469 §6]

 

      342.437 Goals. As a result of this state’s commitment to ethnic-racial equality, the goal of this state is that, by July 1, 2015, the following shall be increased by 10 percent as compared to July 1, 2012:

      (1) The number of minority teachers and administrators employed by school districts and education service districts; and

      (2) The number of minority students enrolled in public teacher education programs. [1991 c.434 §2; 2013 c.778 §2]

 

      Note: 342.437 is repealed June 30, 2016. See section 3, chapter 778, Oregon Laws 2013.

 

      342.440 [1971 c.755 §2; repealed by 1973 c.536 §39]

 

      342.443 Reports to legislature. (1) The Oregon Education Investment Board 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 universities listed in ORS 352.002;

      (c) Minority students accepted in public universities;

      (d) Minority students graduated from public universities;

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

      (3) The Oregon University System, the public universities with governing boards listed in ORS 352.054, the Department of Education, the Teacher Standards and Practices Commission, community colleges and school districts shall cooperate with the board in collecting data and preparing the report. [1991 c.434 §3; 1997 c.652 §30; 2011 c.637 §129; 2013 c.768 §135a; 2013 c.778 §4]

 

      Note 1: The amendments to 342.443 by section 135a, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, including amendments by section 4, chapter 778, Oregon Laws 2013, is set forth for the user’s convenience.

      342.443. (1) The Oregon Education Investment Board 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 universities listed in ORS 352.002;

      (c) Minority students accepted in public universities;

      (d) Minority students graduated from public universities;

      (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 board 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 board in collecting data and preparing the report.

 

      Note 2: The amendments to 342.443 by section 5, chapter 778, Oregon Laws 2013, become operative March 15, 2016. See section 10, chapter 519, Oregon Laws 2011, as amended by section 1, chapter 37, Oregon Laws 2012, section 5, chapter 286, Oregon Laws 2013, section 89, chapter 624, Oregon Laws 2013, section 9, chapter 660, Oregon Laws 2013, section 3, chapter 661, Oregon Laws 2013, section 5, chapter 739, Oregon Laws 2013, section 194, chapter 747, Oregon Laws 2013, and section 6, chapter 778, Oregon Laws 2013. The text that is operative on and after March 15, 2016, is set forth for the user’s convenience.

      342.443. (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 universities listed in ORS 352.002;

      (c) Minority students accepted in public universities;

      (d) Minority students graduated from public universities;

      (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 public universities with governing boards listed in ORS 352.054, 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.

 

      Note 3: Section 7, chapter 778, Oregon Laws 2013, provides:

      Sec. 7. Report on Minority Teacher Act of 1991. (1) No later than July 1, 2014, representatives of the Oregon Education Investment Board, the Oregon University System, the Department of Education and the Teacher Standards and Practices Commission shall jointly submit a report on the Minority Teacher Act of 1991 to the interim legislative committees on education. The report shall include:

      (a) A summary of the most recent data collected as provided by ORS 342.443.

      (b) A summary of the plans currently implemented as provided by ORS 342.447.

      (c) Recommendations for meeting the goals expressed in ORS 342.437, including proposals for the date by which to meet the goals expressed in ORS 342.437.

      (d) A description of best practices within Oregon and other states for recruiting and retaining minority teachers.

      (2) The Oregon Education Investment Board, the Oregon University System, the Department of Education and the Teacher Standards and Practices Commission shall make the report submitted as provided under subsection (1) of this section available on the website of each agency. [2013 c.778 §7]

 

      342.445 [1977 c.635 §9; renumbered 342.485]

 

      342.447 Plans for recruitment, admission, retention and graduation of minority teachers; rules. (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]

 

      342.449 Short title. 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]

 

      342.450 [1965 c.390 §1; 1969 c.647 §1; repealed by 1973 c.536 §39]

 

SCHOOL NURSES

 

      342.455 Definition of “school nurse.” “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]

 

      342.460 [1965 c.390 §§2,3; 1969 c.647 §2; 1971 c.755 §3; repealed by 1973 c.536 §39]

 

      342.465 Rules; notice if action taken on license. (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]

 

      342.470 [1965 c.390 §4; 1969 c.647 §3; 1971 c.755 §4; repealed by 1973 c.536 §39]

 

      342.475 School nurses; certificates. (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]

 

      342.480 [1971 c.755 §5; repealed by 1973 c.536 §39]

 

      342.485 Commission to consult with and advise Oregon State Board of Nursing on school nursing. 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]

 

      342.495 Holder of school nurse certificate qualified to conduct and coordinate health services program. (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]

 

      342.505 [Amended by 1955 c.219 §1; 1961 c.383 §1; 1965 c.100 §367; repealed by 1993 c.45 §177]

 

      342.508 [1957 c.446 §1; 1965 c.100 §368; 1965 c.608 §20; repealed by 1973 c.298 §9]

 

      342.510 [Amended by 1965 c.100 §380; renumbered 342.965]

 

CONTRACTS OF TEACHERS AND ADMINISTRATORS

 

      342.513 Renewal or nonrenewal of contracts for following year. (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]

 

      342.515 [Amended by 1965 c.100 §381; repealed by 1993 c.45 §178]

 

      342.520 [Amended by 1959 c.361 §1; 1965 c.100 §382; renumbered 342.970]

 

      342.521 Contracts with teachers for return of part of salary prohibited. 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 342.613]

 

      342.525 [Amended by 1965 c.100 §383; renumbered 342.613]

 

      342.530 [Amended by 1965 c.100 §370; 1967 c.324 §1; 1969 c.84 §1; repealed by 1973 c.298 §9]

 

      342.535 [Amended by 1965 c.100 §371; repealed by 1969 c.84 §2]

 

      342.540 [Amended by 1965 c.100 §372; repealed by 1969 c.84 §2]

 

      342.545 Termination of teacher’s contract; release. (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]

 

      342.549 Administrator contracts; benefits after termination. (1) As used in this section:

      (a) “Administrator” means a person who is employed as an administrator or is performing administrative duties, regardless of whether the person is required to have a license, and includes but is not limited to superintendents, assistant superintendents and business managers.

      (b) “Administrator” does not include a person who is subject to ORS 342.805 to 342.937.

      (2) A school district, education service district or public charter school shall:

      (a) Enter into an employment contract, with each administrator, that has provisions that cover the duration of the contract, conditions for contract termination and extension and conditions for employee resignation; and

      (b) Have the current employment contract for each administrator on file in the central office of the district or school.

      (3) Except as provided in subsection (4) of this section, a school district, education service district or public charter school may not enter into an employment contract with an administrator that contains provisions that expressly obligate the district or school to compensate the administrator for work that is not performed.

      (4) A school district, education service district or public charter school may provide health benefits for an administrator who is no longer employed by the district or school until the administrator:

      (a) Reaches 65 years of age; or

      (b) Finds new employment that provides health benefits.

      (5) For a period of one year after the termination of the contract between an administrator and a school district, education service district or public charter school, the administrator may not:

      (a) Purchase property or surplus property owned by the district or school; or

      (b) Use property owned by the district or school in a manner other than the manner permitted for the general public in a school district or education service district or at a public charter school. [Formerly 342.603]

 

      Note: 342.549 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.

 

      342.550 [Repealed by 1965 c.100 §456]

 

      342.553 Discipline for resigning without providing required notice. (1) Upon notice from a district school board of the resignation of a person who is licensed by or registered with the Teacher Standards and Practices Commission, the commission may discipline the person if the person entered into a written contract to work in a public school and resigned the position without first providing 60 days’ written notice, or the notice required in the applicable collective bargaining agreement, to the district superintendent or the school board.

      (2) In disciplining a person as provided under this section, the commission shall follow the procedure set forth in ORS 342.175 (3), 342.176 and 342.177. [Formerly 342.645; 1975 c.258 §1; 2009 c.706 §1]

 

      342.555 [Repealed by 1965 c.100 §456]

 

      342.560 [Amended by 1955 c.618 §1; 1965 c.100 §384; renumbered 342.975]

 

      342.565 [Repealed by 1965 c.100 §456]

 

      342.570 [Repealed by 1965 c.100 §456]

 

      342.575 [Amended by 1955 c.618 §2; 1965 c.100 §385; renumbered 342.980]

 

      342.580 [Repealed by 1965 c.100 §456]

 

      342.585 [Repealed by 1965 c.100 §456]

 

      342.590 [Repealed by 1963 c.544 §52]

 

      342.595 [Amended by 1953 c.392 §2; 1961 c.357 §1; 1963 c.211 §1; 1965 c.100 §375; 1975 c.431 §1; repealed by 1977 c.860 §5]

 

      342.596 [1957 c.457 §1; 1963 c.122 §1; 1965 c.100 §376; 1965 c.183 §1; 1977 c.860 §3; 1991 c.599 §1; renumbered 332.507 in 1993]

 

      342.598 [1965 c.254 §1; renumbered 332.432 in 1993]

 

      342.599 [1977 c.826 §3; repealed by 1993 c.45 §180]

 

      342.600 [Amended by 1955 c.101 §2; 1961 c.439 §12; 1963 c.544 §50a; 1965 c.100 §378; 1965 c.216 §1; repealed by 1967 c.67 §13 (342.601 enacted in lieu of 342.600)]

 

      342.601 [1967 c.67 §14 (enacted in lieu of 342.600); 1975 c.278 §8; 1975 c. 770 §48a; 1981 c.128 §1 repealed by 1983 c.187 §1]

 

      342.602 [Formerly 342.065; 1965 c.100 §379; repealed by 1973 c.458 §3]

 

      342.603 [2007 c.309 §1; renumbered 342.549 in 2009]

 

      342.604 [1971 c.519 §2; 1989 c.491 § 28; renumbered 332.534 in 1993]

 

      342.605 [Repealed by 1965 c.100 §456]

 

TERMS AND CONDITIONS OF EMPLOYMENT OF SCHOOL PERSONNEL

 

      342.608 Working hours for licensed personnel; duty-free lunch period required; exception. (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]

 

      342.609 [1977 c.137 §1; renumbered 336.081 in 1993]

 

      342.610 Minimum salary for substitute teachers. (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]

 

      342.613 [Formerly 342.525; 1967 c.67 §12; renumbered 342.521 in 2009]

 

      342.615 [Amended by 1965 c.100 §386; repealed by 1979 c.166 §1]

 

      342.617 [1985 c.585 §2; 1993 c.45 §184; renumbered 332.554 in 1993]

 

      342.620 [Repealed by 1979 c.166 §1]

 

      342.625 [Repealed by 1979 c.166 §1]

 

      342.630 [Repealed by 1965 c.100 §456]

 

      342.635 [Amended by 1957 c.443 §1; 1965 c.100 §369; renumbered 342.513]

 

      342.640 [Amended by 1965 c.100 §373; 1965 c.163 §1; renumbered 342.545]

 

      342.645 [Amended by 1953 c.36 §2; 1959 c.441 §1; 1965 c.100 §374; renumbered 342.553]

 

      342.650 [Amended by 1965 c.100 §387; 2009 c.744 §4; repealed by 2010 c.105 §3]

 

      342.655 [Amended by 1965 c.100 §388; 1987 c.503 §3; repealed by 2010 c.105 §3]

 

      342.660 [Repealed by 1965 c.100 §456]

 

      342.663 [1969 c.266 §§1,2,3; 1993 c.45 §186; renumbered 332.544 in 1993]

 

      342.664 Required ratio of pupils to staff holders of first aid cards; waiver; rules. (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 may waive the requirement of subsection (2) of this section for any staff member who is unable by reason of disability to obtain a recognized first aid card. [Formerly 342.169; 2011 c.313 §16]

 

      Note: 342.664 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.

 

      342.665 [Amended by 1961 c.204 §1; repealed by 1965 c.100 §456]

 

      342.670 [Repealed by 1965 c.100 §456]

 

      342.675 [Repealed by 1965 c.100 §456]

 

      342.680 [Repealed by 1965 c.100 §456]

 

      342.685 [Repealed by 1965 c.100 §456]

 

SEXUAL HARASSMENT

 

      342.700 Policy on sexual harassment; posting and availability of policy. It 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.

 

      342.704 Adoption of school district policies on sexual harassment required; contents; rules. (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.

 

      342.708 ORS 342.700 and 342.704 not limitation on or prerequisite for other rights and remedies. 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.

 

      342.710 [1971 c.582 §1; repealed by 1973 c.536 §39]

 

      342.720 [1971 c.582 §§2,7; repealed by 1973 c.536 §39]

 

STEROIDS AND PERFORMANCE-ENHANCING SUBSTANCES

 

      342.721 Definitions for ORS 342.723 and 342.726. As used in ORS 342.723 and 342.726:

      (1) “Anabolic steroid” includes any drug or hormonal substance chemically or pharmacologically related to testosterone, all prohormones, including dehydroepiandrosterone and all substances listed in the Anabolic Steroid Control Act of 2004. “Anabolic steroid” does not include estrogens, progestins, corticosteroids and mineralocorticoids.

      (2) “Performance-enhancing substance” means a manufactured product for oral ingestion, intranasal application or inhalation containing compounds that:

      (a) Contain a stimulant, amino acid, hormone precursor, herb or other botanical or any other substance other than an essential vitamin or mineral; and

      (b) Are intended to increase athletic performance, promote muscle growth, induce weight loss or increase an individual’s endurance or capacity for exercise.

      (3) “School district employee” means:

      (a) An administrator, teacher or other person employed by a school district;

      (b) A person who volunteers for a school district; and

      (c) A person who is performing services on behalf of a school district pursuant to a contract. [2007 c.395 §1]

 

      Note: 342.721, 342.723 and 342.726 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.

 

      342.723 Prohibitions on school district employees. A school district employee may not:

      (1) Knowingly sell, market or distribute an anabolic steroid or performance-enhancing substance to a kindergarten through grade 12 student with whom the employee has contact as part of the employee’s school district duties; or

      (2) Knowingly endorse or suggest the ingestion, intranasal application or inhalation of an anabolic steroid or performance-enhancing substance by a kindergarten through grade 12 student with whom the employee has contact as part of the employee’s school district duties. [2007 c.395 §2]

 

      Note: See note under 342.721.

 

      342.726 Curricula to include information on steroids and performance-enhancing substances; training of school employees. (1) School districts shall include information on anabolic steroids and performance-enhancing substances, including prevention strategies, strength-building alternatives and the understanding of health food labels, in health and physical education curricula for kindergarten through grade 12 students.

      (2) The Department of Education shall ensure that school districts are utilizing evidence-based programs such as the Oregon Health and Science University’s Athletes Training and Learning to Avoid Steroids (ATLAS) and Athletes Targeting Healthy Exercise and Nutrition Alternatives (ATHENA), which have demonstrated effectiveness in reducing anabolic steroid and performance-enhancing substance use by high school athletes.

      (3) The department shall work with voluntary organizations that administer interscholastic activities to require school district employees who are coaches or athletic directors to receive training once every four years on identifying the components of anabolic steroid abuse and use and prevention strategies for the use of performance-enhancing substances. [2007 c.395 §3; 2008 c.39 §5; 2011 c.313 §22]

 

      Note: See note under 342.721.

 

      342.730 [1971 c.582 §3; repealed by 1973 c.536 §39]

 

      342.740 [1971 c.582 §4; repealed by 1973 c.536 §39]

 

      342.750 [1971 c.582 §5; repealed by 1973 c.536 §39]

 

      342.760 [1971 c.582 §6; repealed by 1973 c.536 §39]

 

      342.770 [1971 c.582 §8; repealed by 1973 c.536 §39]

 

      342.780 [1971 c.582 §9; repealed by 1973 c.536 §39]

 

      342.782 [1987 c.896 §14; 1989 c.187 §7; repealed by 1993 c.45 §187]

 

      342.784 [1987 c.896 §15; renumbered 329.790 in 1993]

 

      342.786 [1987 c.896 §§16, 28; 1989 c.187 §8; 1993 c.45 §189; renumbered 329.795 in 1993]

 

      342.788 [1987 c.896 §17; 1989 c.187 §9; 1993 c.45 §190; renumbered 329.800 in 1993]

 

      342.790 [1987 c.896 §§18, 22; 1989 c.187 §10; 1993 c.45 §191; renumbered 329.805 in 1993]

 

      342.792 [1987 c.896 §19; 1993 c.45 §192; renumbered 329.810 in 1993]

 

      342.794 [1987 c.896 §20; 1989 c.187 §11; renumbered 329.815 in 1993]

 

      342.796 [1987 c.896 §21; 1991 c.67 §84; 1993 c.45 §193; renumbered 329.820 in 1993]

 

      342.798 [1987 c.896 §23; repealed by 1989 c.187 §13]

 

ACCOUNTABILITY FOR SCHOOLS FOR THE 21ST CENTURY LAW

 

      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]

 

      342.815 Definitions for ORS 342.805 to 342.937. 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]

 

      342.825 [1965 c.608 §3; 1973 c.298 §1; repealed by 1977 c.881 §8]

 

      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.

      (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 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; 2007 c.251 §1]

 

      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]

 

      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.

 

      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.

      (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” means a school district as defined in ORS 332.002, an education service district, a state-operated school or any legally constituted combination of such entities.

      (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; 2007 c.858 §37]

 

      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.

      (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]

 

      342.855 [1965 c.608 §8; repealed by 1971 c.570 §15]

 

      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:

      (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 teaching standards adopted under this section must:

      (a) Take into consideration multiple measures of teacher effectiveness, based on widely accepted standards of teaching that encompass a range of appropriate teaching behaviors and that use multiple evaluation methods;

      (b) Take into consideration evidence of student academic growth and learning based on multiple measures of student progress, including performance data of students, schools and school districts;

      (c) Be research-based;

      (d) Be separately developed for teachers and administrators; and

      (e) Be able to be customized for each school district, which may include individualized weighting and application of standards.

      (3) The core teaching standards adopted under this section must attempt to:

      (a) Strengthen the knowledge, skills, disposition and classroom and administrative practices of teachers and administrators in public schools;

      (b) Refine the support, assistance and professional growth opportunities offered to a teacher or an administrator, based on the individual needs of the teacher or administrator and the needs of the students, the school and the school district of the teacher or administrator;

      (c) Allow each teacher or administrator to establish a set of classroom or administrative practices and student learning objectives that are based on the individual circumstances of the teacher or administrator, including the classroom or other assignments of the teacher or administrator;

      (d) Establish a formative growth process for each teacher and administrator that supports professional learning and collaboration with other teachers and administrators; and

      (e) Use evaluation methods and professional development, support and other activities that are based on curricular standards and that are targeted to the needs of each teacher and administrator.

      (4) A school district board must include the core teaching standards adopted under this section for all evaluations of teachers and administrators of the school district. The standards shall be customized based on the collaborative efforts of the teachers and administrators of the school district and the exclusive bargaining representative of the employees of the school district. [2011 c.729 §2; 2011 c.729 §4]

 

      Note: 342.856 was added to and made a part of 342.805 to 342.937 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      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:

      (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]

 

      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]

 

      342.885 [1965 c.608 §10; repealed by 1973 c.298 §9]

 

      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.

      (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]

 

      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:

      (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]

 

      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.

      (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]

 

      342.915 [1965 c.608 §13; 1971 c.570 §9; 1979 c.668 §5; repealed by 1997 c.864 §29]

 

      342.925 [1965 c.608 §14; repealed by 1971 c.570 §15]

 

      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.

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

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

      (B) Six members must be contract teachers;

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

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

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

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

      (A) A school district with an average daily membership, as defined in ORS 327.006, of less than 1,500 students;

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

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

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

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

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

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

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

      (6) Members shall be entitled to compensation and expenses as provided in ORS 292.495 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.

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

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

      (9) In accordance with applicable provisions of ORS chapter 183, the board may adopt rules necessary for the administration of this section and ORS 342.905 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; 2013 c.18 §1]

 

      Note: Section 2, chapter 18, Oregon Laws 2013, provides:

      Sec. 2. Notwithstanding the term of office specified in ORS 342.930, of the four members added to the Fair Dismissal Appeals Board by the amendments to ORS 342.930 by section 1 of this 2013 Act:

      (1) Two shall serve for a term ending July 1, 2015.

      (2) Two shall serve for a term ending July 1, 2017. [2013 c.18 §2]

 

      342.934 Procedure for reduction of teacher staff due to funding or administrative decision. (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]

 

      342.935 [1965 c.608 §15; repealed by 1971 c.570 §15; see 342.960]

 

      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]

 

      342.945 [1965 c.608 §16; repealed by 1971 c.570 §15]

 

NETWORK OF QUALITY TEACHING AND LEARNING

 

      342.950 Network of Quality Teaching and Learning; rules. (1) The Network of Quality Teaching and Learning is established. The network consists of the Oregon Education Investment Board, the Department of Education and public and private entities that receive funding as provided by this section to accomplish the purposes of the network described in subsection (2) of this section.

      (2) The purposes of the network are the following:

      (a) To enhance a culture of leadership and collaborative responsibility for advancing the profession of teaching among providers of early learning services, teachers and administrators in kindergarten through grade 12, education service districts and teacher education institutions.

      (b) To strengthen and enhance existing evidence-based practices that improve student achievement, including practices advanced by or described in ORS 329.788 to 329.820, 329.822, 329.824, 329.838, 342.433 to 342.449 and 342.805 to 342.937.

      (c) To improve recruitment, preparation, induction, career advancement opportunities and support of educators.

      (3) To accomplish the purposes of the network described in subsection (2) of this section, the Department of Education, subject to the direction and control of the Chief Education Officer, shall distribute funding as follows:

      (a) To school districts, schools, nonprofit organizations, post-secondary institutions and consortiums that are any combination of those entities for the purpose of supporting the implementation of common core state standards.

      (b) To school districts and nonprofit organizations for the purposes of complying with the core teaching standards adopted as provided by ORS 342.856 and complying with related standards prescribed by federal law.

      (c) To school districts and nonprofit organizations for the purpose of providing teachers with opportunities for professional collaboration and professional development and for the pursuit of career pathways in a manner that is consistent with the School District Collaboration Grant Program described in ORS 329.838.

      (d) To school districts and nonprofit organizations for the purpose of providing beginning teachers and administrators with mentors in a manner that is consistent with the beginning teacher and administrator mentorship program described in ORS 329.788 to 329.820.

      (e) To school districts for the purposes of obtaining assessments and developing professional development plans to meet school improvement objectives and educator needs.

      (f) To school districts, nonprofit organizations and post-secondary institutions for the purpose of closing achievement gaps by providing and improving the effectiveness of professional development, implementing data-driven decision making, supporting practice communities and implementing culturally competent practices.

      (g) To school districts and nonprofit organizations for the purposes of developing and engaging in proficiency-based or student-centered learning practices and assessments.

      (h) To school districts, nonprofit organizations and post-secondary institutions for the purposes of strengthening educator preparation programs and supporting the development and sustainability of partnerships between providers of early learning services, public schools with any grades from kindergarten through grade 12 and post-secondary institutions.

      (i) To providers of early learning services, nonprofit organizations and post-secondary institutions for the purposes of providing professional development and supporting providers of early learning services with opportunities for professional collaboration and advancement.

      (4) The Oregon Education Investment Board shall support the network by:

      (a) Conducting and coordinating research to determine best practices and evidence-based models.

      (b) Working with educator preparation programs to ensure ongoing collaboration with education providers.

      (c) Supporting programs that help to achieve the goal of the Minority Teacher Act of 1991 as described in ORS 342.437.

      (d) Creating and supporting a statewide plan for increasing the successful recruitment of high-ability and culturally diverse candidates to work in high-need communities and fields.

      (5) The Department of Education shall support the network by:

      (a) Developing a system that ensures statewide dissemination of best practices and evidence-based models.

      (b) Supporting the development and implementation of standards-based curriculum, high-leverage practices and assessments that promote student learning and improve outcomes for students learning English as a second language and for students with disabilities.

      (c) Administering the distribution of funding as described in subsection (3) of this section.

      (6) The Oregon Education Investment Board shall develop processes to establish the network and ensure the accountability of the network. The processes must ensure that the network:

      (a) Gives preference to entities that have demonstrated success in improving student outcomes.

      (b) Delivers services for the benefit of all regions of this state.

      (c) Is accountable for improving education outcomes identified by the Oregon Education Investment Board, contained in achievement compacts or set forth in ORS 351.009.

      (d) Includes and connects education providers and leaders from pre-kindergarten through post-secondary education.

      (7) No more than two percent of all moneys received for the purposes of this section may be expended by the Oregon Education Investment Board or the Department of Education for administrative costs incurred under this section. For the purpose of this subsection, technical assistance and direct program services provided to school districts and nonprofit organizations are not considered administrative costs.

      (8) The State Board of Education may adopt any rules necessary for the Department of Education to support the network and perform any duties assigned to the department under this section or assigned to the department by the Oregon Education Investment Board. Any rules adopted by the State Board of Education must be consistent with this section and with actions taken by the Oregon Education Investment Board to implement this section. [2013 c.661 §1]

 

      Note: 329.822 was repealed by section 4, chapter 769, Oregon Laws 2013. The text of 342.950 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 342.950 for the repeal of 329.822 has not been made.

 

      Note: The amendments to 342.950 by section 2, chapter 661, Oregon Laws 2013, become operative March 15, 2016. See section 10, chapter 519, Oregon Laws 2011, as amended by section 1, chapter 37, Oregon Laws 2012, section 5, chapter 286, Oregon Laws 2013, section 89, chapter 624, Oregon Laws 2013, section 9, chapter 660, Oregon Laws 2013, section 3, chapter 661, Oregon Laws 2013, section 5, chapter 739, Oregon Laws 2013, section 194, chapter 747, Oregon Laws 2013, and section 6, chapter 778, Oregon Laws 2013. The text that is operative on and after March 15, 2016, is set forth for the user’s convenience.

      342.950. (1) The Network of Quality Teaching and Learning is established. The network consists of the Department of Education and public and private entities that receive funding as provided by this section to accomplish the purposes of the network described in subsection (2) of this section.

      (2) The purposes of the network are the following:

      (a) To enhance a culture of leadership and collaborative responsibility for advancing the profession of teaching among providers of early learning services, teachers and administrators in kindergarten through grade 12, education service districts and teacher education institutions.

      (b) To strengthen and enhance existing evidence-based practices that improve student achievement, including practices advanced by or described in ORS 329.788 to 329.820, 329.822, 329.824, 329.838, 342.433 to 342.449 and 342.805 to 342.937.

      (c) To improve recruitment, preparation, induction, career advancement opportunities and support of educators.

      (3) To accomplish the purposes of the network described in subsection (2) of this section, the Department of Education, subject to the direction and control of the Superintendent of Public Instruction, shall distribute funding as follows:

      (a) To school districts, schools, nonprofit organizations, post-secondary institutions and consortiums that are any combination of those entities for the purpose of supporting the implementation of common core state standards.

      (b) To school districts and nonprofit organizations for the purposes of complying with the core teaching standards adopted as provided by ORS 342.856 and complying with related standards prescribed by federal law.

      (c) To school districts and nonprofit organizations for the purpose of providing teachers with opportunities for professional collaboration and professional development and for the pursuit of career pathways in a manner that is consistent with the School District Collaboration Grant Program described in ORS 329.838.

      (d) To school districts and nonprofit organizations for the purpose of providing beginning teachers and administrators with mentors in a manner that is consistent with the beginning teacher and administrator mentorship program described in ORS 329.788 to 329.820.

      (e) To school districts for the purposes of obtaining assessments and developing professional development plans to meet school improvement objectives and educator needs.

      (f) To school districts, nonprofit organizations and post-secondary institutions for the purpose of closing achievement gaps by providing and improving the effectiveness of professional development, implementing data-driven decision making, supporting practice communities and implementing culturally competent practices.

      (g) To school districts and nonprofit organizations for the purposes of developing and engaging in proficiency-based or student-centered learning practices and assessments.

      (h) To school districts, nonprofit organizations and post-secondary institutions for the purposes of strengthening educator preparation programs and supporting the development and sustainability of partnerships between providers of early learning services, public schools with any grades from kindergarten through grade 12 and post-secondary institutions.

      (i) To providers of early learning services, nonprofit organizations and post-secondary institutions for the purposes of providing professional development and supporting providers of early learning services with opportunities for professional collaboration and advancement.

      (4) The Department of Education shall support the network by:

      (a) Conducting and coordinating research to determine best practices and evidence-based models.

      (b) Working with educator preparation programs to ensure ongoing collaboration with education providers.

      (c) Supporting programs that help to achieve the goal of the Minority Teacher Act of 1991 as described in ORS 342.437.

      (d) Creating and supporting a statewide plan for increasing the successful recruitment of high-ability and culturally diverse candidates to work in high-need communities and fields.

      (e) Developing a system that ensures statewide dissemination of best practices and evidence-based models.

      (f) Supporting the development and implementation of standards-based curriculum, high-leverage practices and assessments that promote student learning and improve outcomes for students learning English as a second language and for students with disabilities.

      (g) Administering the distribution of funding as described in subsection (3) of this section.

      (5) The State Board of Education shall develop processes to establish the network and ensure the accountability of the network. The processes must ensure that the network:

      (a) Gives preference to entities that have demonstrated success in improving student outcomes.

      (b) Delivers services for the benefit of all regions of this state.

      (c) Is accountable for improving education outcomes identified by the State Board of Education, contained in achievement compacts or set forth in ORS 351.009.

      (d) Includes and connects education providers and leaders from pre-kindergarten through post-secondary education.

      (6) No more than two percent of all moneys received for the purposes of this section may be expended by the Department of Education for administrative costs incurred under this section. For the purpose of this subsection, technical assistance and direct program services provided to school districts and nonprofit organizations are not considered administrative costs.

      (7) The State Board of Education may adopt any rules necessary for the Department of Education to support the network and perform any duties assigned to the department under this section. Any rules adopted by the State Board of Education must be consistent with this section.

 

      Note: 342.950 and 342.953 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.

 

      342.953 Network of Quality Teaching and Learning Fund. (1) The Network of Quality Teaching and Learning Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Network of Quality Teaching and Learning Fund shall be credited to the General Fund.

      (2) Moneys in the Network of Quality Teaching and Learning Fund are continuously appropriated to the Department of Education for the Network of Quality Teaching and Learning established by ORS 342.950.

      (3) The Department of Education, on behalf of the State of Oregon, may solicit and accept gifts, grants or donations from public and private sources for the Network of Quality Teaching and Learning. Moneys received under this subsection shall be deposited into the Network of Quality Teaching and Learning Fund. [2013 c.577 §11]

 

      Note: See third note under 342.950.

 

      Note: Section 5, chapter 661, Oregon Laws 2013, provides:

      Sec. 5. Report on teachers by Oregon Education Investment Board. (1) The Oregon Education Investment Board must prepare a report with data that shows:

      (a) Any changes in the number of minority teachers or teachers who speak more than one language who:

      (A) Are teaching in the public schools of this state; and

      (B) Are projected to be teaching in the public schools of this state by the 2017-2018 school year.

      (b) Any changes in the levels of satisfaction by public education providers with the quality of new teachers who attended educator preparation programs in this state.

      (c) Any changes in the number of teachers in this state who report satisfaction with levels of professional support provided to the teachers.

      (2) The Oregon Education Investment Board shall submit the report described in subsection (1) of this section to the interim legislative committees on education no later than July 1, 2015. [2013 c.661 §5]

 

      342.955 [1965 c.608 §17; 1973 c.298 §8; 1979 c.861 §8; repealed by 1987 c.898 §28]

 

      342.960 [1971 c.743 §359; see 342.935; repealed by 1973 c.298 §9]

 

MISCELLANEOUS

 

      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]

 

      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.

 

      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]

 

      342.970 [Formerly 342.520; repealed by 1993 c.45 §195]

 

      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.

      (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 Fund are continuously appropriated to the commission for the purposes set forth in subsection (4) of this section. The commission may draw checks or orders upon the State Treasurer in making disbursements from the Educator Preparation Improvement Fund for the purposes set forth in subsection (4) of this section.

      (4) The purpose of the Educator Preparation Improvement Fund is to encourage approved teacher education programs and school district partnerships that:

      (a) Respond to changes in education of students in preprimary programs and grades 1 through 12;

      (b) Encourage collaboration around delivery models that provide effective professional preparation;

      (c) Recognize the needs of the education workforce in this state, including but not limited to recruiting underrepresented persons, teachers and administrators to work in high needs areas such as special education, mathematics, science and teaching English to speakers of other languages;

      (d) Encourage collaborative initiatives that improve student success and postsecondary access and achievement; and

      (e) Respond to the need for national accreditation of approved teacher education programs in this state. [2011 c.609 §2]

 

      342.975 [Formerly 342.560; 1973 c.270 §16; 1977 c.783 §2; repealed by 1993 c.45 §196]

 

      342.980 [Formerly 342.575; 1967 c.67 §15; 1973 c.270 §17; repealed by 1993 c.45 §196]

 

      342.982 [1977 c.635 §7; renumbered 342.495]

 

      342.985 [1991 c.710 §3; renumbered 342.156 in 2009]

 

      342.990 [Repealed by 1965 c.100 §456]

_______________