Definitions for ORS 342.805 to 342.937
Source:
Section 342.815 — Definitions for ORS 342.805 to 342.937, https://www.oregonlegislature.gov/bills_laws/ors/ors342.html.
Notes of Decisions
Where school districts merge, reelection required to qualify teacher as permanent teacher in merged district means reelection by merged district following completion of succeeded-to employment contract. Sittser v. School District No. 12, 25 Or App 163, 548 P2d 511 (1976), Sup Ct review denied
Arbitrator’s order which reinstated teacher for “third probationary year” which would in fact be her fourth year of employment did not amount to award of permanent tenure since, under this section, only the district can confer tenure by an affirmative act of reelection. N. Clackamas Sch. Dist. v. N. Clackamas Educ. Assoc., 54 Or App 211, 634 P2d 1348 (1981)
Where petitioner was employed full-time as behind-the-wheel driving instructor during her first year of employment, her employment for that year was as “teacher” within meaning of this section. Humphreys v. Bethel Sch. Dist. 52, 54 Or App 867, 636 P2d 463 (1981)
Where petitioner received notice of renewal for fourth year by April 1 of third year, such notice did not immediately confer permanent status; teacher remains probationary after fourth-year renewal until completion of third year. Wesockes v. Powers Sch. Dist. No. 31, 57 Or App 652, 646 P2d 68 (1982). But see Smith v. Salem-Keizer School District, 188 Or App 237, 71 P3d 139 (2003), Sup Ct review denied
Fair Dismissal Law does not, within meaning of this section, apply to district’s termination of teacher for not holding valid teaching certificate or because teacher otherwise is not authorized to teach. Wagenblast v. Crook County School District, 75 Or App 568, 707 P2d 69 (1985)
Terminated school district employe was “superintendent” within definition of this section, Fair Dismissal Law did not apply to him, and FDAB correctly dismissed appeal for lack of jurisdiction. Babbitt v. Mari-Linn School Dist. No. 295, 94 Or App 161, 764 P2d 954 (1988), Sup Ct review denied
School year for purposes of identifying contract teacher is same as full year of employment described in ORS 342.840 for purposes of identifying probationary teacher. Smith v. Salem-Keizer School District, 188 Or App 237, 71 P3d 139 (2003), Sup Ct review denied
Law Review Citations
34 WLR 269 (1998)
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