75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2965
 
                         House Bill 2788
 
Sponsored by Representative BARKER, Senator MORRISETTE;
  Representatives BUCKLEY, DEMBROW, D EDWARDS, HUFFMAN, KOMP,
  STIEGLER, THATCHER, WHISNANT, Senators DEVLIN, HASS, MONROE,
  STARR (at the request of Oregon Substitute Teachers
  Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prescribes salary calculation for substitute teachers in school
district with four-day week class schedule.
  Declares emergency, effective July 1, 2009.
 
                        A BILL FOR AN ACT
Relating to substitute teachers; creating new provisions;
  amending ORS 342.610; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 342.610 is amended to read:
  342.610. (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 { +  daily + } 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) For the purpose of calculations made under this
section, a school district that has a class schedule based on a
four-day week must multiply the daily minimum salary computed
under subsection (1) of this section by 1.25. + }
    { - (4) - }   { + (5) + } Subsections (1) to   { - (3) - }
 { + (4) + } of this section do not apply to substitute teachers
represented in a bargaining unit in the school district by which
they are employed.
  SECTION 2.  { + The amendments to ORS 342.610 by section 1 of
this 2009 Act first apply to the 2009-2010 school year. + }
  SECTION 3.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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