Teachers and Other School Personnel

ORS 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 (Short title) to 342.937 (Reimbursement for teacher dismissal costs).

(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 (Short title) to 342.930 (Fair Dismissal Appeals Board). 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 (Definitions for ORS 326).

(B)

“School district” means a school district as defined in ORS 332.002 (Definitions for chapter), 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 (Grounds for dismissal or contract nonextension of contract teacher), or pursuant to ORS 342.934 (Procedure for reduction of teacher staff due to funding or administrative decision) (6). 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

(C)

Extend the existing contract for a period of not more than one year.

(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 (Procedure for reduction of teacher staff due to funding or administrative decision), 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; 2021 c.445 §3]

Notes of Decisions

Where, prior to enactment of ORS 342.865 on July 20, 1973, school district transferred administrator to lower paying position as teacher as result of good faith reorganization of district, district had no duty to attempt to find administrative position for which he could qualify or to assign him to such position in preference to assigning him to classroom teaching position. Porter v. School District No. 24J, 31 Or App 987, 571 P2d 1286 (1977), Sup Ct review denied

Where permanent teacher submitted letter purporting to “resign” gymnastics coach duties but did not purport or intend to resign teaching or softball coach duties, school board’s treatment of letter as total resignation and acceptance of it was a “dismissal” and was without consent of the teacher. Babitzke v. Silverton Union High School, 72 Or App 153, 695 P2d 93 (1985), Sup Ct review denied

Youth correction facility providing state educational programs is not “school district.” Bain v. Willamette Education Service District, 170 Or App 689, 13 P3d 1021 (2000)

Where no appointment to new post or duty occurs, mere increase in amount of work to be performed is not assignment or reassignment. Folkers v. Lincoln County School District, 205 Or App 619, 135 P3d 373 (2006)

“Reduction in pay” means decrease in salary amount, not decrease in effective rate of pay. Folkers v. Lincoln County School District, 205 Or App 619, 135 P3d 373 (2006)

Attorney General Opinions

Seniority and status of permanent part-time teacher, (1980) Vol 41, p 71

Law Review Citations

34 WLR 269 (1998)

Source

Last accessed
Mar. 11, 2023

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