ORS 342.173
Effect of employing certain persons

  • sanctions
  • rules
Any school district or education service district that employs any person not properly licensed or registered by the Teacher Standards and Practices Commission, or licensed by the commission but not assigned in accordance with rules of the commission, shall be subject to sanctions imposed by the commission. A sanction must be imposed according to rules adopted by the commission and is effective unless:

(1)

The assignment is made with justification satisfactory to the commission.

(2)

The person is employed as a teacher by a post-secondary institution that is accredited by the Northwest Commission on Colleges and Universities, or its successor, and that has a contract with a school district under which the person is teaching at the high school level. The contract shall be approved by the Teacher Standards and Practices Commission, including criteria for a person’s qualifications under paragraph (b) of this subsection. 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)

Provide evidence that the person’s qualifications are appropriate for the assignment;

(c)

Allow the person to teach no more than two high school units of credit or the equivalent per year; and

(d)

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

(3)

The person is teaching an online course originating outside this state.

(4)

The person is employed as provided by ORS 342.125 (Types of licenses) (2). [1965 c.100 §353; 1975 c.278 §2; 1977 c.635 §10; 1979 c.307 §2; 1981 c.469 §1; 1981 c.663 §4; 1987 c.401 §1; 1987 c.503 §1a; 1989 c.150 §1; 1989 c.162 §1; 1989 c.493 §1; 1991 c.67 §83; 1991 c.710 §2; 1991 c.780 §§22,23; 1997 c.383 §12; 2013 c.1 §39; 2015 c.245 §10; 2017 c.446 §3; 2018 c.72 §4]

Source: Section 342.173 — Effect of employing certain persons; sanctions; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors342.­html.

Notes of Decisions

Compensation received by noncertified substitute teachers for “in-service” days was improperly excluded by Teacher Standards and Practices Commission from forfeiture computation under this section. Oregon Educ. Ass’n v. Eugene School Dist, 53 Or App 722, 633 P2d 28 (1981)

Reimbursement for mileage, meals and lodging expenses does not constitute salary under this section. Oregon Educ. Ass’n v. Eugene School Dist, 53 Or App 722, 633 P2d 28 (1981)

Attorney General Opinions

Commission’s authority to require a coach to have a teaching certificate, (1975) Vol 37, p 778; non-certificated employes of private association conducting instructional recreation program of school district, (1977) Vol 38, p 1602; retroactive application of amendments to this section relating to employment of non-certificated teaching personnel or misassignment of certificated personnel, (1979) Vol 40, p 26; effect of education service district’s employment of noncertificated person as school psychologist, (1980) Vol 40, p 244

342.120
Definitions for chapter 342.121
Teacher and administrator licensing 342.122
National Board Certification Fund 342.123
Knowledge of civil rights laws and ethical standards required 342.125
Types of licenses 342.127
Fees 342.130
Certain existing certificates and licenses not invalidated 342.136
Preliminary teaching license, personnel service license and administrative license 342.137
Distinguished teacher leader license 342.138
Professional teaching license, professional personnel service license and professional administrative license 342.143
Issuance of licenses and registrations 342.144
American Indian languages teaching license 342.147
Approval of educator preparation providers and educator preparation programs 342.153
Proficiency in Braille required for teaching license to provide education to blind students 342.165
Commission rules 342.173
Effect of employing certain persons 342.175
Grounds for discipline 342.176
Complaint process 342.177
Hearing and decision on charges 342.180
Appeal 342.183
Letters of informal reproval 342.192
Licensing requirements for out-of-state applicants 342.195
Teaching licenses based on experience in certain federal programs 342.200
Administrative licenses based on professional skills and experience 342.202
Administrator comprehensive leadership development system 342.203
Publication of list of teachers, administrators and teacher candidates subjected to discipline 342.208
Model career pathways for instructional assistants to become licensed teachers 342.223
Criminal records check 342.350
Commission established 342.360
Members 342.380
Organization 342.390
Meetings 342.410
Executive director 342.420
Member’s salary 342.425
Annual report on duties, powers and functions of commission 342.430
Teacher Standards and Practices Commission Account 342.433
Definitions for ORS 342.433 to 342.449 342.437
Goal 342.443
Reports of longitudinal data 342.447
Plans for recruitment, admission, retention and graduation of diverse educators 342.448
Reports related to implementation of Educators Equity Act 342.449
Short title 342.455
Definition of “school nurse.” 342.465
Rules 342.475
School nurses 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 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 342.549
Administrator contracts 342.553
Discipline for resigning without providing required notice 342.608
Working hours for licensed personnel 342.610
Minimum salary for substitute teachers 342.664
Required ratio of pupils to staff holders of first aid cards 342.700
Policy on sexual harassment 342.704
Adoption of policies on sexual harassment required 342.708
ORS 342.700 and 342.704 not limitation on or prerequisite for other rights and remedies 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 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 342.850
Teacher evaluation 342.856
Core teaching standards 342.865
Grounds for dismissal or contract nonextension of contract teacher 342.875
Suspension 342.895
Contract teachers 342.905
Appeal procedure 342.910
Waiver of contract grievance claim if appeal of dismissal decision filed 342.930
Fair Dismissal Appeals Board 342.934
Procedure for reduction of teacher staff due to funding or administrative decision 342.937
Reimbursement for teacher dismissal costs 342.940
Educator Advancement Council 342.943
System of educator networks 342.953
Educator Advancement Fund 342.961
Internal investigations of employee misconduct or wrongdoing 342.965
Interchange of teachers 342.971
Educator Preparation Improvement Fund 342.974
Oregon Education Support Professional of the Year Program
Green check means up to date. Up to date

Current through early 2024

§ 342.173’s source at oregon​.gov