ORS 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)

Intentionally left blank —Ed.

(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;

(C)

An evaluation based on written criteria which include the performance goals;

(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 (Grounds for dismissal or contract nonextension of contract teacher) (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 (Probationary teacher), without the mutual consent of the district and the teacher provided with peer assistance.

(c)

Nothing in this subsection is intended to prohibit a district from consulting with any other individuals.

(3)

Except in those districts having an average daily membership, as defined in ORS 327.006 (Definitions for State School Fund distributions), 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]

Source: Section 342.850 — Teacher evaluation; personnel file content; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors342.­html.

Notes of Decisions

A teacher’s personnel file need not necessarily identify all the sources of the subject matter discussed therein in order to be maintained as required in this section in order for evidence relating to such subject matter to be admissible. School Dist. 48 v. Fair Dismissal Appeals Bd., 14 Or App 634, 514 P2d 1114 (1973)

Although the language of this statute is mandatory, it does not provide a remedy for its violation. Smith v. School Dist. No. 45, 63 Or App 685, 666 P2d 1345 (1983), Sup Ct review denied

Option of invoking or waiving confidentiality of personnel record belongs to school district, not to individual who is subject of record. Oregonian Publishing v. Portland School District No. 1J, 152 Or App 135, 952 P2d 66 (1998), aff’d on other grounds, 329 Or 393, 987 P2d 480 (1999)

Employer disclosure of some personnel file information to public does not change confidential status of documents not disclosed. Springfield School District No. 19 v. Guard Publishing Co., 156 Or App 176, 967 P2d 510 (1998)

Investigatory report that is not specific to employment of individual employee is not part of personnel file and therefore is subject to disclosure. Oregonian Publishing v. Portland School District No. 1J, 329 Or 393, 987 P2d 480 (1999)

Attorney General Opinions

Validity of employer’s restrictions on teacher’s representation at evaluation conference, (1976) Vol 38, p 443

Law Review Citations

34 WLR 269 (1998)

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
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