Chapter 342 — Teachers and Other School Personnel

ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2012 regular session. See the table of ORS sections amended or repealed during the 2012 regular session: 2012 A&R Tables

Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2012 regular session. See the table of uncodified sections amended or repealed during the 2012 regular session: 2012 A&R Tables

New sections of law were adopted by the Legislative Assembly during its 2012 regular session and are likely to be compiled in this ORS chapter. See sections in the following 2012 Oregon Laws chapters: 2012 Session Laws 0043; 2012 Session Laws 0091

2011 EDITION

TEACHERS AND OTHER SCHOOL PERSONNEL

EDUCATION AND CULTURE

GENERAL PROVISIONS

342.120 Definitions

LICENSING AND REGISTRATION OF TEACHERS AND ADMINISTRATORS

(Generally)

342.121 Teacher and administrator licensing; certification

342.122 National Board Certification Fund; rules

Note Plan for national board certification of teachers and administrators--2011 c.609 §§10,11

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

342.138 Continuing teaching, personnel service and administrative licenses; qualifications for continuing 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

Note Letters of informal reproval--2009 c.706 §§5 to 7

342.176 Preliminary investigation; materials confidential; notice

342.177 Hearing and decision on charges; notice

342.180 Appeal

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

(Miscellaneous)

342.195 Teaching licenses based on experience in certain federal programs

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

Note Plan for comprehensive leadership development system--2011 c.609 §8

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

(Criminal Records Check)

342.223 Criminal records check; effect of making false statement; appeal of refusal to issue or renew license or registration

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

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

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; comparative data; data collection

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

Note Adoption of core teaching standards--2011 c.729 §3

Note Model core teaching standards; report--2011 c.609 §§9,11

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

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. 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) 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. However, a professional teaching certificate or administrative certificate shall not be required to teach or administer in a public school of this state. [1991 c.662 §11; 1993 c.45 §151; 2011 c.609 §5]

Note: The amendments to 342.121 by section 27, chapter 705, Oregon Laws 2011, become operative July 1, 2013, and apply to superintendents of education service districts hired before, on or after August 2, 2011. See section 29, chapter 705, Oregon Laws 2011. The text that is operative on and after July 1, 2013, is set forth for the user’s convenience.

342.121. (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.

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.

Note: Sections 10 and 11, chapter 609, Oregon Laws 2011, provide:

Sec. 10. Plan for national board certification of teachers and administrators. (1) As used in this section, “Oregon Coalition for Quality Teaching and Learning” means the collaborative group of state, school district, educator, administrator, community and higher education representatives operating as a unit organized under the National Commission on Teaching and America’s Future.

(2) The Teacher Standards and Practices Commission and the Department of Education, working with the Oregon Coalition for Quality Teaching and Learning, shall prepare a plan to encourage national board certification for teachers and administrators.

(3) The plan must address the costs of applying for certification, providing preparation support for applicants and a strategy for providing bonuses for nationally board certified teachers and administrators.

(4) Moneys from the National Board Certification Fund may be used to prepare the plan. [2011 c.609 §10]

Sec. 11. Sections 8, 9 and 10 of this 2011 Act are repealed on March 2, 2013. [2011 c.609 §11]

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.

(d) Restricted teaching license.

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

(a) Initial teaching license.

(b) Continuing teaching license.

(d) Continuing personnel service license.

(e) Initial administrative license.

(f) Continuing administrative license.

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

(5)(a) The Teacher Standards and Practices Commission shall establish a public charter school teacher 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]

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. [1997 c.383 §4; 2003 c.525 §1]

342.138 Continuing teaching, personnel service and administrative licenses; qualifications for continuing license; renewal. (1) A continuing teaching, personnel service or administrative license shall qualify the holder to accept any assignments for preprimary through grade 12 for which the holder has completed the advanced requirements established by the rules of the Teacher Standards and Practices Commission.

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

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

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

(A) An Oregon public school;

(B) An Oregon private school that meets the standards adopted by the commission by rule; or

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

(3) The holder of a continuing license may renew the continuing license in accordance with the rules of the commission. [1997 c.383 §5; 2003 c.525 §2; 2011 c.301 §7]

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, 475.864 (4), 475.868, 475.872, 475.878, 475.880, 475.882, 475.888, 475.890, 475.892, 475.904 or 475.906.

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

(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]

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

(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 Association of Schools and Colleges and have the appropriate subject matter preparation. [Formerly 342.985]

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;

(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 which employs any person not properly licensed by the Teacher Standards and Practices Commission and assigned in accordance with the terms specified by the person’s license shall forfeit in State School Fund moneys due the district an amount determined by the Teacher Standards and Practices Commission to not exceed the amount of the salary paid to the person for the time during which the person is employed. The forfeiture shall be effective unless:

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

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

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

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

(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.

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

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

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

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

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

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

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

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

(10) A school district or education service district that assigns a teacher to be present in the classroom during a live, interactive distance learning presentation shall not be subject to the forfeiture described in subsection (1) of this section solely because the assignment does not conform to the terms specified on the license of the teacher. [1965 c.100 §353; 1975 c.278 §2; 1977 c.635 §10; 1979 c.307 §2; 1981 c.469 §1; 1981 c.663 §4; 1987 c.401 §1; 1987 c.503 §1a; 1989 c.150 §1; 1989 c.162 §1; 1989 c.493 §1; 1991 c.67 §83; 1991 c.710 §2; 1991 c.780 §§22,23; 1997 c.383 §12]

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;

(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

(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]

Note: Sections 5 to 7, chapter 706, Oregon Laws 2009, provide:

Sec. 5. 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]

Sec. 6. Section 5 of this 2009 Act is repealed on June 30, 2012. [2009 c.706 §6]

Sec. 7. The Teacher Standards and Practices Commission shall submit a report to the interim legislative committees related to education no later than October 1, 2012, that evaluates the effectiveness of letters of informal reproval as provided by section 5 of this 2009 Act. [2009 c.706 §7]

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

(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

(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

(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

(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.

(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]

342.185 [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)

342.195 Teaching licenses based on experience in certain federal programs. Upon payment of the required fees, an otherwise qualified applicant for an initial or basic teaching license shall be granted the license upon showing by proof satisfactory to the Teacher Standards and Practices Commission that the applicant has completed under an Armed Forces of the United States or Peace Corps program, or as a volunteer under section 603 of the Economic Opportunity Act of 1964 (Public Law 88-452), two years of satisfactory service which emphasized teaching in any preprimary program or in any grades 1 through 12 in subjects regularly taught in public schools if the applicant either:

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

(2) Has at least the baccalaureate degree from an accredited institution of higher education and has completed a teacher training program provided under the auspices of the federal program. [1967 c.304 §2; 1973 c.270 §9; 1993 c.45 §307; 1997 c.383 §13]

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;

(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;

(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.

Note: Section 8, chapter 609, Oregon Laws 2011, provides:

Sec. 8. Plan for comprehensive leadership development system. The Department of Education and the Teacher Standards and Practices Commission shall submit a report on a plan for implementation of the comprehensive leadership development system created under section 3 of this 2011 Act [342.202] to the Legislative Assembly no later than March 1, 2013. The report must include the projected costs of the system, the design of the system and evidence of collaboration with and access to existing resources, systems and programs. [2011 c.609 §8]

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]

342.210 [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 of refusal to issue or renew license or registration. (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.

(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;

(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 individual 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]

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 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. [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]

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; or

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

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

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

342.437 Goals. The State of Oregon is committed to ethnic-racial equity and, therefore, it is the goal of the state that by the year 2001 the number of minority teachers, including administrators, employed by school districts and education service districts shall be approximately proportionate to the number of minority children enrolled in the public schools of this state. [1991 c.434 §2]

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

342.443 Reports to legislature; comparative data; data collection. (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;

(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 Department of Education, the Teacher Standards and Practices Commission, community colleges and school districts shall cooperate with the advisor in collecting data and preparing the report. [1991 c.434 §3; 1997 c.652 §30; 2011 c.637 §129]

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

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;

(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;

(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

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.

(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

(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;

(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.

(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;

(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. [2011 c.729 §2]

Note: The amendments to 342.856 by section 4, chapter 729, Oregon Laws 2011, become operative July 1, 2013, and apply to all evaluations of teachers and administrators occurring on or after July 1, 2013. See section 5, chapter 729, Oregon Laws 2011. The text that is operative on and after July 1, 2013, is set forth for the user’s convenience.

342.856. (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: