Teachers and Other School Personnel

ORS 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]

Notes of Decisions

Failure to follow notice and hearing procedure does not constitute lack of good faith. Jinkerson v. Lane County Sch. Dist. No. 19, 20 Or App 174, 531 P2d 289 (1975)

General rights defined in this section did not limit specific collective bargaining rights of employes delineated in ORS 243.672 and ORS 243.662, and fact that petitioner was probationary teacher did not preclude Employment Relations Board from finding that his nonrenewal constituted unfair labor practice. Harrison v. Central Linn School District, 34 Or App 221, 578 P2d 460 (1978), Sup Ct review denied

School board was not required to submit its dismissal of probationary teacher to arbitration where collective bargaining agreement did not expressly provide for this. Ostrer v. Pine-Eagle School Dist., 40 Or App 265, 594 P2d 1296 (1979)

Legislature intended that nonrenewed probationary teacher have opportunity to contest reasons for nonrenewal, that school board consider evidence in good faith before decision and that limited appeal to courts be provided. Henthorn v. Grand Prairie School Dist., 287 Or 683, 601 P2d 1234 (1979)

Probationary teacher could not bring cause of action for breach of contract in attempt to review school district’s substantive basis for his termination, as proper remedy in such case is by writ of review. Maddox v. Clackamas County School Dist. No. 25, 51 Or App 639, 626 P2d 924 (1981), aff’d as modified 293 Or 27, 643 P2d 1253 (1982)

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

Violations of evaluation procedure under ORS 342.850, and public meeting law, ORS 192.640, are not “procedures at hearing” for purposes of appeal. Smith v. School Dist. No. 45, 63 Or App 685, 666 P2d 1345 (1983), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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