Chapter 342 Teachers and Other School Personnel

GENERAL PROVISIONS

342.120 Definitions for chapter

As used in this chapter, unless the context requires otherwise: “Administrator” includes but is not limited to all superintendents, assistant superintendents, principals and academic program directors in public schools or education service districts who have direct responsibility for supervision or evaluation of licensed teachers and who are compensated for…

342.121 Teacher and administrator licensing; certification

The Teacher Standards and Practices Commission shall issue licenses to teachers and administrators who possess the minimum competencies, knowledge and skills to teach and administer in the public schools of this state. In addition to a teaching or administrative license, a person may obtain professional certification, indicating a higher degree of competenc…

342.122 National Board Certification Fund; rules

There is created the National Board Certification Fund, separate and distinct from the General Fund. Interest earned on moneys in the National Board Certification Fund shall be credited to the fund. The National Board Certification Fund shall include any state or federal moneys made available to the fund, including moneys appropriated by the Legislative Ass…

342.123 Knowledge of civil rights laws and ethical standards required; exception

In addition to and not in lieu of any other law or rule or standard established by the Teacher Standards and Practices Commission, the commission shall require an applicant for a first-time license or registration issued by the commission to demonstrate knowledge of: Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and…

342.125 Types of licenses; charter school registry; expedited process; rules

Teaching licenses shall be issued and renewed by the Teacher Standards and Practices Commission by the authority of the State of Oregon, subject to ORS 342.120 to 342.430 and the rules of the commission. Notwithstanding any requirements prescribed for issuance of a license, a person whose application for a license is pending may be employed in the public sc…

342.126 [1977 c.826 §2; 1981 c.180 §1; 1993 c.45 §155; 1997 c.383 §10; repealed by 2008 c.39 §11]

342.127 Fees

The Teacher Standards and Practices Commission shall establish and collect: A fee not to exceed $350 for evaluation of the initial application for each educator license for which application is made. If the applicant is eligible for the educator license for which application is made, the commission shall issue the license without additional charge. A fee n…

342.130 Certain existing certificates and licenses not invalidated

Nothing in ORS 342.120 to 342.173 is intended to invalidate the life of any certificate or diploma in effect on June 30, 1965, nor to invalidate the rights granted prior to June 30, 1965, by the law and the rules of the State Board of Education under which the certificate or diploma was issued. Nothing in chapter 550, Oregon Laws 1965, is intended to invali…

342.135 [1961 c.439 §4; 1965 c.100 §354; 1965 c.550 §3; 1973 c.270 §5; 1989 c.521 §1; 1993 c.45 §157; 1997 c.383 §6; 2005 c.209 §36; repealed by 2015 c.647 §34]

342.136 Preliminary teaching license, personnel service license and administrative license; renewal

A preliminary teaching license, personnel service license or administrative license shall qualify its holder to accept any assignment from preprimary through grade 12 for which the holder has completed the requirements established by the rules of the Teacher Standards and Practices Commission. A preliminary teaching license, personnel service license or adm…

342.137 Distinguished teacher leader license; renewal; rules

A distinguished teacher leader license shall designate that its holder is qualified to provide leadership that may include mentoring, curriculum development support, teacher preparation support and other educational leadership. A distinguished teacher leader license shall be issued on application to an otherwise qualified person who: Has a valid profession…

342.138 Professional teaching license, professional personnel service license and professional administrative license; renewal; rules

A professional teaching license, a professional personnel service license or a professional administrative license qualifies the holder to accept any assignments for preprimary through grade 12 for which the holder has completed the advanced requirements established by the rules of the Teacher Standards and Practices Commission. A professional teaching lice…

342.140 [1961 c.439 §5; 1965 c.100 §355; 1973 c.270 §6; 1991 c.662 §6; repealed by 2015 c.245 §54 and 2015 c.647 §34]

342.143 Issuance of licenses and registrations

A teaching, personnel service or administrative license, or public charter school registration, may not be issued to any person until the person has attained the age of 18 years and has furnished satisfactory evidence of proper educational training. The Teacher Standards and Practices Commission may require an applicant for a teaching, personnel service or …

342.144 American Indian languages teaching license; renewal

As used in this section, “American Indian tribe” means an Indian tribe as that term is defined in ORS 97.740. The Legislative Assembly declares that teaching American Indian languages is essential to the proper education of American Indian children. The Teacher Standards and Practices Commission shall establish an American Indian languages teaching license…

342.145 [1961 c.439 §6; 1965 c.100 §356; repealed by 1965 c.550 §6]

342.147 Approval of educator preparation providers and educator preparation programs; rules

The Teacher Standards and Practices Commission shall establish by rule standards for approval of educator preparation providers and educator preparation programs. Standards for approval of an educator preparation provider may allow approval of an institution of higher education, a school district in this state, an education service district in this state or…

342.150 [1961 c.439 §7; 1963 c.173 §1; 1965 c.100 §357; repealed by 1965 c.550 §6]

342.153 Proficiency in Braille required for teaching license to provide education to blind students

Any applicant for a teaching license to provide education to students who are blind, as defined in ORS 343.565, shall be required to demonstrate proficiency in reading and writing Braille, as defined in ORS 343.565. Any applicant for a teaching license to provide education to students who are blind shall be required to demonstrate proficiency by completion …

342.155 [1961 c.439 §8; 1965 c.100 §358; 1989 c.125 §2; repealed by 1993 c.45 §160]

342.156 [Formerly 342.985; 2013 c.1 §38; repealed by 2015 c.245 §54]

342.160 [1961 c.439 §9; repealed by 1965 c.100 §456 and 1965 c.550 §6]

342.165 Commission rules

Pursuant to ORS chapter 183, the Teacher Standards and Practices Commission shall adopt rules necessary for the issuance, denial, continuation, renewal, lapse, revocation, suspension or reinstatement of licenses or registrations issued under ORS 342.120 to 342.430. The commission shall also adopt rules establishing means in addition to those prescribed by la…

342.167 [1973 c.270 §20; 1993 c.45 §163; repealed by 2015 c.245 §54]

342.169 [1981 c.180 §3; 1993 c.45 §165; 2009 c.256 §1; renumbered 342.664 in 2009]

342.170 [1961 c.439 §11; 1965 c.100 §360; repealed by 1965 c.535 §17]

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 adopt…

342.174 [1975 c.278 §7; 1987 c.320 §156; 1993 c.45 §167; renumbered 179.405 in 1993]

(Discipline)

342.175 Grounds for discipline; reinstatement

The Teacher Standards and Practices Commission may suspend or revoke the license or registration of a commission licensee, discipline a commission licensee, or suspend or revoke the right of any person to apply for a license or registration based on the following: Conviction of a crime not listed in ORS 342.143 (3); Gross neglect of duty; Any gross unfitn…

342.176 Complaint process; preliminary investigation; materials confidential; notice

A person may file a complaint with the Teacher Standards and Practices Commission regarding a commission licensee. If a complaint concerns an allegation of sexual conduct that may have been committed by a commission licensee, the complaint process provided by this section does not apply and the commission shall investigate the complaint as provided by ORS 33…

342.177 Hearing and decision on charges; notice; penalties; rules

Hearings under ORS 339.390 and 342.176 shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. Any hearing conducted under this section shall be private unless the person against whom the charge is made requests a public hearing. Students attending school in the employing district …

342.180 Appeal

Any person whose license or registration has been suspended or revoked or who has been disciplined, or who has been refused issuance or reinstatement of a license or registration, and is aggrieved at the decision of the Teacher Standards and Practices Commission, may appeal in the manner provided in ORS 183.480. If the district school board or the public ch…

342.183 Letters of informal reproval

The Teacher Standards and Practices Commission may issue a letter of informal reproval to a person licensed, registered or certified by the commission if: Following the completion of an investigation, the commission determines that the person has engaged in conduct that affects the person’s ability to be professionally effective, based on standards adopted …

342.185 [1961 c.677 §3; 1965 c.100 §365; repealed by 1973 c.228 §10]

(Miscellaneous)

342.187 Interstate Teacher Mobility Compact

The Interstate Teacher Mobility Compact is enacted into law and entered into on behalf of this state with all other jurisdictions legally joining therein in the form substantially as follows: ______________________________________________________________________________ ARTICLE I PURPOSE The purpose of this Compact is to facilitate the mobility of teache…

342.190 [1961 c.677 §4; 1965 c.100 §366; 1973 c.228 §4; repealed by 2015 c.245 §54]

342.192 Licensing requirements for out-of-state applicants; rules

The Teacher Standards and Practices Commission may issue a license to an out-of-state applicant if the applicant has met the professional requirements established by rule by the commission and has completed a course of study that is acceptable to the commission. Applicants granted licenses under this section shall be required to meet all standards required …

342.195 Teaching licenses based on experience in certain federal programs; rules

An otherwise qualified applicant for a preliminary teaching license shall be granted the license upon payment of the required fees and the showing by proof satisfactory to the Teacher Standards and Practices Commission that: While the applicant was in the Peace Corps program or was a volunteer under section 603 of the Economic Opportunity Act of 1964 (Publi…

342.197 [Formerly 345.585; 2015 c.647 §18; repealed by 2015 c.245 §54]

342.200 Administrative licenses based on professional skills and experience

In order to allow the school districts of the state to take full advantage of various professional skills and disciplines not directly developed through teaching experience or professional education for which teaching experience is a prerequisite, it is the public policy of the State of Oregon that the Teacher Standards and Practices Commission, when conside…

342.202 Administrator comprehensive leadership development system

The Department of Education, in partnership with the Teacher Standards and Practices Commission, shall create a comprehensive leadership development system for administrators licensed under ORS 342.125. The comprehensive leadership development system must include: A cost-effective plan that requires the coordination of public and private organizations and …

342.203 Publication of list of teachers, administrators and teacher candidates subjected to discipline

The Teacher Standards and Practices Commission shall regularly publish information online that can be accessed by school districts, public charter schools and education service districts and that includes the following: All teachers and administrators whose teaching or administrative licenses have been suspended or revoked or who have been reprimanded or pl…

342.205 [Repealed by 1965 c.608 §21]

342.208 Model career pathways for instructional assistants to become licensed teachers

The State Board of Education shall develop model career pathways for instructional assistants, as defined in ORS 342.120, to become licensed teachers. The model career pathways must take into consideration the skills and experience attained by an instructional assistant. The model career pathways must identify: The minimum requirements for an instructional…

342.210 [Amended by 1955 c.281 §1; 1959 c.433 §1; repealed by 1965 c.608 §21]

342.215 [Repealed by 1957 c.591 §1]

342.216 [1957 c.590 §2; repealed by 1965 c.608 §21]

342.218 [1961 c.69 §§2,3; repealed by 1965 c.608 §21]

342.220 [Amended by 1957 c.591 §2; repealed by 1965 c.608 §21]

342.223 Criminal records check; effect of making false statement; appeal

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Teacher Standards and Practices Commission may require the fingerprints of: A person who is applying for a license or registration under ORS 342.120 to 342.430 as a teacher, administrator or personnel specialist if the person has not submitted to a criminal re…

342.225 [Amended by 1957 c.591 §3; repealed by 1965 c.608 §21]

342.227 [1993 c.674 §6; repealed by 2015 c.245 §54]

342.230 [Amended by 1957 c.591 §4; repealed by 1965 c.608 §21]

342.232 [1993 c.674 §6a; 1995 c.67 §41; 1997 c.536 §4; 1999 c.200 §34; 1999 c.1054 §6; 2001 c.407 §6; 2005 c.730 §20; 2007 c.35 §4; 2009 c.437 §2; repealed by 2015 c.245 §54]

342.235 [Amended by 1959 c.433 §2; repealed by 1965 c.608 §21]

342.240 [Repealed by 1965 c.608 §21]

342.245 [Repealed by 1965 c.608 §21]

342.250 [Amended by 1957 c.211 §1; repealed by 1965 c.608 §21]

342.252 [1955 c.281 §3; repealed by 1965 c.608 §21]

342.255 [Repealed by 1965 c.608 §21]

342.260 [Repealed by 1965 c.608 §21]

342.265 [Repealed by 1965 c.608 §21]

342.270 [Repealed by 1965 c.608 §21]

342.275 [Repealed by 1965 c.608 §21]

342.280 [Repealed by 1965 c.608 §21]

342.285 [Repealed by 1965 c.608 §21]

342.290 [Repealed by 1965 c.608 §21]

342.295 [Repealed by 1965 c.608 §21]

342.300 [Repealed by 1965 c.608 §21]

342.305 [Repealed by 1965 c.608 §21]

342.310 [Repealed by 1965 c.608 §21]

342.315 [Repealed by 1965 c.608 §21]

342.320 [Repealed by 1965 c.608 §21]

342.325 [Repealed by 1965 c.608 §21]

342.330 [Amended by 1953 c.638 §2; 1959 c.400 §4; repealed by 1965 c.608 §21]

342.340 [1965 c.535 §1; 1975 c.278 §3; 1991 c.144 §2; repealed by 1993 c.45 §170]

TEACHER STANDARDS AND PRACTICES COMMISSION

342.350 Commission established; confirmation; term; vacancy; effect of change in circumstances

There is created a Teacher Standards and Practices Commission consisting of 17 members appointed by the Governor subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. The term of office of a member is three years. Before the expiration of the term of a member, the Governor shall appoint a successor to assume the duties on …

342.360 Members; qualifications

The membership of the Teacher Standards and Practices Commission shall consist of: Four elementary teachers; Four middle school or high school teachers; One elementary school administrator; One middle school or high school administrator; One superintendent of a school district; One superintendent of an education service district; One member from the f…

342.370 [1965 c.535 §5; 1975 c.278 §6; repealed by 1979 c.307 §8]

342.380 Organization

The Teacher Standards and Practices Commission shall select one of its members as chairperson, and another as vice chairperson, for such terms and with such powers and duties necessary for the performance of the functions of such offices as the commission shall determine. A majority of the commission constitutes a quorum for the transaction of business.

342.390 Meetings; expenses

The Teacher Standards and Practices Commission shall meet at least once every six months at a place, day and hour determined by the commission. The commission shall also meet at such other times and places as are specified by the call of the chairperson or of a majority of the members of the commission or as required by the executive director of the Teacher …

342.400 [1965 c.535 §9; 1973 c.270 §13; 1979 c.307 §6; 1981 c.663 §5; 1987 c.503 §8; 1993 c.45 §173; 1993 c.333 §1; renumbered 342.192 in 2013]

342.410 Executive director; employees

The Teacher Standards and Practices Commission shall appoint a qualified person as executive director and may, subject to the State Personnel Relations Law, employ persons to provide such service as the commission shall require.

342.420 Member’s salary; reimbursement to district

Membership on the Teacher Standards and Practices Commission shall not affect a member’s compensation from the employer of the member or any other benefits to which the member is entitled. A school district required to employ a substitute for a teacher or administrator who is absent from employment while performing duties as a member of the Teacher Standard…

342.425 Annual report on duties, powers and functions of commission

The executive director of the Teacher Standards and Practices Commission shall prepare an annual report related to the duties, powers and functions of the commission. The report required by this section must include: The number of teaching licenses and administrative licenses that have been issued during the previous year. Trends related to the number of …

342.430 Teacher Standards and Practices Commission Account; use

On or before the 10th day of each month, the Teacher Standards and Practices Commission shall pay into the State Treasury all moneys received under this chapter. The State Treasurer shall credit the moneys to the Teacher Standards and Practices Commission Account. The moneys in the Teacher Standards and Practices Commission Account are continuously appropria…

342.433 Definitions for ORS 342.433 to 342.449

As used in ORS 342.433 to 342.449 and 350.100: “Diverse” means culturally or linguistically diverse characteristics of a person, including: Origins in any of the black racial groups of Africa but is not Hispanic; Hispanic culture or origin, regardless of race; Origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent…

342.435 [1977 c.635 §8; repealed by 1981 c.469 §6]

342.437 Goal

As a result of this state’s commitment to equality for the diverse peoples of this state, the goals of the state are that: The percentage of diverse educators employed by a school district or an education service district reflects the percentage of diverse students in the public schools of this state or the percentage of diverse students in the district. T…

342.440 [1971 c.755 §2; repealed by 1973 c.536 §39]

342.443 Reports of longitudinal data

The Education and Workforce Policy Advisor shall report biennially to the Legislative Assembly longitudinal data on the number and percentage of: Diverse students enrolled in community colleges; Diverse students enrolled in public universities; Diverse students graduated from public universities; Diverse candidates enrolled in public approved educator pr…

342.445 [1977 c.635 §9; renumbered 342.485]

342.447 Plans for recruitment, admission, retention and graduation of diverse educators

The Higher Education Coordinating Commission shall require each public educator preparation program in this state to prepare a plan with specific goals, strategies and deadlines for the recruitment, admission, retention and graduation of diverse educators to accomplish the goal described in ORS 342.437 (1)(a). The commission shall review the plans for adequ…

342.448 Reports related to implementation of Educators Equity Act

Representatives of the Educator Advancement Council, the Higher Education Coordinating Commission, the Department of Education and the Teacher Standards and Practices Commission shall jointly create a report on the Educators Equity Act. The report shall be created in consultation with educator preparation providers and shall include: A summary of the most r…

342.449 Short title

ORS 342.433 to 342.449 and 350.100 shall be known and may be cited as the Educators Equity Act.

342.450 [1965 c.390 §1; 1969 c.647 §1; repealed by 1973 c.536 §39]

SCHOOL NURSES

342.455 Definition of “school nurse.”

“School nurse” as used in ORS 342.465 and 342.475, means a registered nurse who is certified by the Teacher Standards and Practices Commission as qualified to conduct and coordinate the health services programs of a school.

342.458 Responsibility of school nurses; limited supervision by administrators; conferral authority

As used in this section: “Administrator” has the meaning given that term in ORS 342.120. “Practice of nursing” has the meaning given that term in ORS 678.010. “School nurse” has the meaning given that term in ORS 342.455. A school nurse, or a registered nurse whose responsibilities include the coordination of school nursing services provided to individua…

342.460 [1965 c.390 §§2,3; 1969 c.647 §2; 1971 c.755 §3; repealed by 1973 c.536 §39]

342.465 Rules; notice if action taken on license

The Teacher Standards and Practices Commission shall adopt by rule standards necessary for the issuance, denial, continuation, renewal, lapse or reinstatement of certificates issued under ORS 342.475 (1) to (3) and for establishment and collection of fees for certification as a school nurse. The commission may adopt by rule procedures for revocation of a cer…

342.470 [1965 c.390 §4; 1969 c.647 §3; 1971 c.755 §4; repealed by 1973 c.536 §39]

342.475 School nurses; certificates

“School nurse” is established as a category of specialization in nursing. The Teacher Standards and Practices Commission shall issue a certificate as a school nurse to a person who complies with the rules established by the commission for the certification and practice of school nursing and who has been licensed by the Oregon State Board of Nursing. In esta…

342.480 [1971 c.755 §5; repealed by 1973 c.536 §39]

342.485 Commission to consult with and advise Oregon State Board of Nursing on school nursing

The Teacher Standards and Practices Commission shall consult with and advise the Oregon State Board of Nursing on the qualifications and practices involved in school nursing.

342.495 Holder of school nurse certificate qualified to conduct and coordinate health services program

The holder of a school nurse certificate issued under ORS 342.475 (1) to (3) is qualified to accept employment to conduct and coordinate the health services programs of any public school in the State of Oregon. A person licensed as a registered nurse may use the term “nurse” as part of a title when employed by a school. No school or school district is requi…

342.505 [Amended by 1955 c.219 §1; 1961 c.383 §1; 1965 c.100 §367; repealed by 1993 c.45 §177]

342.508 [1957 c.446 §1; 1965 c.100 §368; 1965 c.608 §20; repealed by 1973 c.298 §9]

342.510 [Amended by 1965 c.100 §380; renumbered 342.965]

CONTRACTS OF TEACHERS AND ADMINISTRATORS

342.513 Renewal or nonrenewal of contracts for following year

Each district school board shall give written notice of the renewal or nonrenewal of the contract for the following school year by March 15 of each year to all teachers and administrators in its employ who are not contract teachers as defined in ORS 342.815. In case the district school board does not renew the contract, the material reason therefor shall, at…

342.515 [Amended by 1965 c.100 §381; repealed by 1993 c.45 §178]

342.520 [Amended by 1959 c.361 §1; 1965 c.100 §382; renumbered 342.970]

342.521 Contracts with teachers for return of part of salary prohibited

No district shall enter into a contract with any teacher whereby the teacher shall return to the district any part of the salary of the teacher. If any board and teacher enter into such contract, the contract is void and the teacher’s teaching license shall be revoked.

342.525 [Amended by 1965 c.100 §383; renumbered 342.613]

342.530 [Amended by 1965 c.100 §370; 1967 c.324 §1; 1969 c.84 §1; repealed by 1973 c.298 §9]

342.535 [Amended by 1965 c.100 §371; repealed by 1969 c.84 §2]

342.540 [Amended by 1965 c.100 §372; repealed by 1969 c.84 §2]

342.545 Termination of teacher’s contract; release

Sickness or other unavoidable circumstances which prevent the teacher from teaching 20 school days immediately following exhaustion of sick leave accumulated under ORS 332.507 shall be sufficient reason for the school board to place the teacher on leave without pay for the remainder of the regular school year and to terminate the teacher’s employment without…

342.549 Administrator contracts; benefits after termination

As used in this section: “Administrator” means a person who is employed as an administrator or is performing administrative duties, regardless of whether the person is required to have a license, and includes but is not limited to superintendents, assistant superintendents and business managers. “Administrator” does not include a person who is subject to O…

342.550 [Repealed by 1965 c.100 §456]

342.553 Discipline for resigning without providing required notice

Upon notice from a district school board of the resignation of a person who is licensed by or registered with the Teacher Standards and Practices Commission, the commission may discipline the person if the person entered into a written contract to work in a public school and resigned the position without first providing 60 days’ written notice, or the notice…

342.555 [Repealed by 1965 c.100 §456]

342.560 [Amended by 1955 c.618 §1; 1965 c.100 §384; renumbered 342.975]

342.565 [Repealed by 1965 c.100 §456]

342.570 [Repealed by 1965 c.100 §456]

342.575 [Amended by 1955 c.618 §2; 1965 c.100 §385; renumbered 342.980]

342.580 [Repealed by 1965 c.100 §456]

342.585 [Repealed by 1965 c.100 §456]

342.590 [Repealed by 1963 c.544 §52]

342.595 [Amended by 1953 c.392 §2; 1961 c.357 §1; 1963 c.211 §1; 1965 c.100 §375; 1975 c.431 §1; repealed by 1977 c.860 §5]

342.596 [1957 c.457 §1; 1963 c.122 §1; 1965 c.100 §376; 1965 c.183 §1; 1977 c.860 §3; 1991 c.599 §1; renumbered 332.507 in 1993]

342.598 [1965 c.254 §1; renumbered 332.432 in 1993]

342.599 [1977 c.826 §3; repealed by 1993 c.45 §180]

342.600 [Amended by 1955 c.101 §2; 1961 c.439 §12; 1963 c.544 §50a; 1965 c.100 §378; 1965 c.216 §1; repealed by 1967 c.67 §13 (342.601 enacted in lieu of 342.600)]

342.601 [1967 c.67 §14 (enacted in lieu of 342.600); 1975 c.278 §8; 1975 c. 770 §48a; 1981 c.128 §1 repealed by 1983 c.187 §1]

342.602 [Formerly 342.065; 1965 c.100 §379; repealed by 1973 c.458 §3]

342.603 [2007 c.309 §1; renumbered 342.549 in 2009]

342.604 [1971 c.519 §2; 1989 c.491 § 28; renumbered 332.534 in 1993]

342.605 [Repealed by 1965 c.100 §456]

TERMS AND CONDITIONS OF EMPLOYMENT OF SCHOOL PERSONNEL

342.608 Working hours for licensed personnel; duty-free lunch period required; exception

School boards shall fix the working hours for full-time and part-time licensed staff members. They shall direct that full-time staff members be provided a time for a 30-minute continuous duty-free lunch period during the regularly scheduled lunch hours. Any school principal who fails to schedule a continuous 30-minute duty-free lunch period in accordance wi…

342.609 [1977 c.137 §1; renumbered 336.081 in 1993]

342.610 Minimum salary for substitute teachers

A teacher employed as a substitute teacher may not be paid less per day than 85 percent of 1/190th of the statewide average salary of a beginning teacher who holds a bachelor’s degree. The Department of Education shall compute the statewide average salary of a beginning teacher who holds a bachelor’s degree to be used for purposes of this subsection by: Us…

342.613 [Formerly 342.525; 1967 c.67 §12; renumbered 342.521 in 2009]

342.615 [Amended by 1965 c.100 §386; repealed by 1979 c.166 §1]

342.617 [1985 c.585 §2; 1993 c.45 §184; renumbered 332.554 in 1993]

342.620 [Repealed by 1979 c.166 §1]

342.621 Authorized pay for licensed educators and classified school employees who provide significant special education support

As used in this section: “Classified school employee” includes all employees of a school district except those for whom a teaching or administrative license is required as a basis for employment in a school district. “Individualized education program” has the meaning given that term in ORS 343.035. “Licensed educator” means a teacher, administrator or oth…

342.625 [Repealed by 1979 c.166 §1]

342.626 Work hour requirements for classified school employees who provide significant special education support

As used in this section: “Classified school employee” includes all employees of a school district except those for whom a teaching or administrative license is required as a basis for employment in a school district. “Individualized education program” has the meaning given that term in ORS 343.035. “School district” means: A common school district or a u…

342.630 [Repealed by 1965 c.100 §456]

342.635 [Amended by 1957 c.443 §1; 1965 c.100 §369; renumbered 342.513]

342.640 [Amended by 1965 c.100 §373; 1965 c.163 §1; renumbered 342.545]

342.645 [Amended by 1953 c.36 §2; 1959 c.441 §1; 1965 c.100 §374; renumbered 342.553]

342.650 [Amended by 1965 c.100 §387; 2009 c.744 §4; repealed by 2010 c.105 §3]

342.655 [Amended by 1965 c.100 §388; 1987 c.503 §3; repealed by 2010 c.105 §3]

342.660 [Repealed by 1965 c.100 §456]

342.663 [1969 c.266 §§1,2,3; 1993 c.45 §186; renumbered 332.544 in 1993]

342.664 Required ratio of pupils to staff holders of first aid cards; waiver; rules

The State Board of Education shall establish by rule the ratio of the number of pupils to the number of staff members who must hold current, recognized first aid cards in each school. In order to attain or maintain the ratio set under subsection (1) of this section, the district may require any staff member as a condition of employment to hold a current, re…

342.665 [Amended by 1961 c.204 §1; repealed by 1965 c.100 §456]

342.670 [Repealed by 1965 c.100 §456]

342.675 [Repealed by 1965 c.100 §456]

342.676 Survey on working experiences of education workforce; availability of survey information; rules

As used in this section: “Education workforce” means licensed and classified staff who are: Employed by a public education provider; or Under contract to provide services to a public education provider. “Public education provider” means: A school district; A public charter school; An education service district; A long term care or treatment facility,…

342.680 [Repealed by 1965 c.100 §456]

342.685 [Repealed by 1965 c.100 §456]

SEXUAL HARASSMENT

342.700 Policy on sexual harassment; posting and availability of policy

It is the policy of the State of Oregon that sexual harassment will not be tolerated in schools. A school district shall adopt a policy on sexual harassment for students and staff members that meets the requirements of ORS 342.704. A school district shall make the sexual harassment policy available to students, parents of students and staff members. A school…

342.704 Adoption of policies on sexual harassment required; contents; rules

As used in this section: “District” includes a school district, an education service district and a public charter school. “Without consent” means an act performed: Without the knowing, voluntary and clear agreement by all parties to participate in the specific act; or When a person who is a party to the act is: Incapacitated by drugs or alcohol; Uncon…

342.708 ORS 342.700 and 342.704 not limitation on or prerequisite for other rights and remedies

Nothing in ORS 342.700 and 342.704 is intended to limit or operate as a prerequisite to pursuing any rights or remedies provided under other statutes or the common law. Note: See note under 342.700.

342.710 [1971 c.582 §1; repealed by 1973 c.536 §39]

342.720 [1971 c.582 §§2,7; repealed by 1973 c.536 §39]

STEROIDS AND PERFORMANCE-ENHANCING SUBSTANCES

342.721 Definitions for ORS 342.723 and 342.726

As used in ORS 342.723 and 342.726: “Anabolic steroid” includes any drug or hormonal substance chemically or pharmacologically related to testosterone, all prohormones, including dehydroepiandrosterone and all substances listed in the Anabolic Steroid Control Act of 2004. “Anabolic steroid” does not include estrogens, progestins, corticosteroids and mineral…

342.723 Prohibitions on school district employees

A school district employee may not: Knowingly sell, market or distribute an anabolic steroid or performance-enhancing substance to a kindergarten through grade 12 student with whom the employee has contact as part of the employee’s school district duties; or Knowingly endorse or suggest the ingestion, intranasal application or inhalation of an anabolic ste…

342.726 Curricula to include information on steroids and performance-enhancing substances; training of school employees

School districts shall include information on anabolic steroids and performance-enhancing substances, including prevention strategies, strength-building alternatives and the understanding of health food labels, in health and physical education curricula for kindergarten through grade 12 students. The Department of Education shall ensure that school district…

342.730 [1971 c.582 §3; repealed by 1973 c.536 §39]

342.740 [1971 c.582 §4; repealed by 1973 c.536 §39]

342.750 [1971 c.582 §5; repealed by 1973 c.536 §39]

342.760 [1971 c.582 §6; repealed by 1973 c.536 §39]

342.770 [1971 c.582 §8; repealed by 1973 c.536 §39]

342.780 [1971 c.582 §9; repealed by 1973 c.536 §39]

342.782 [1987 c.896 §14; 1989 c.187 §7; repealed by 1993 c.45 §187]

342.784 [1987 c.896 §15; renumbered 329.790 in 1993]

342.786 [1987 c.896 §§16, 28; 1989 c.187 §8; 1993 c.45 §189; renumbered 329.795 in 1993]

342.788 [1987 c.896 §17; 1989 c.187 §9; 1993 c.45 §190; renumbered 329.800 in 1993]

342.790 [1987 c.896 §§18, 22; 1989 c.187 §10; 1993 c.45 §191; renumbered 329.805 in 1993]

342.792 [1987 c.896 §19; 1993 c.45 §192; renumbered 329.810 in 1993]

342.794 [1987 c.896 §20; 1989 c.187 §11; renumbered 329.815 in 1993]

342.796 [1987 c.896 §21; 1991 c.67 §84; 1993 c.45 §193; renumbered 329.820 in 1993]

342.798 [1987 c.896 §23; repealed by 1989 c.187 §13]

ACCOUNTABILITY FOR SCHOOLS FOR THE 21ST CENTURY LAW

342.805 Short title

ORS 342.805 to 342.937 shall be known as the Accountability for Schools for the 21st Century Law.

342.815 Definitions for ORS 342.805 to 342.937

As used in ORS 342.805 to 342.937 unless the context requires otherwise: Notwithstanding ORS 342.120, “administrator” includes any teacher the majority of whose employed time is devoted to service as a supervisor, principal, vice principal or director of a department or the equivalent in a fair dismissal district but shall not include the superintendent, de…

342.825 [1965 c.608 §3; 1973 c.298 §1; repealed by 1977 c.881 §8]

342.835 Probationary teacher

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 …

342.840 Determination of length of service for probationary teacher

For purposes of determining length of service for a probationary teacher, a teacher employed for 135 consecutive days in any school year shall receive credit for a full year of employment. At least 30 consecutive days of employment in the same district in a successive year shall be sufficient to keep the service intact, and the teacher shall not lose credit …

342.845 Contract teacher; part-time contract teacher; effect of program transfer; administrator contracts

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 to 342.937. Notwithstanding subsection (1) of this section, a part-time contract teacher attains contract status at not less than half-time…

342.850 Teacher evaluation; personnel file content; rules

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 gro…

342.855 [1965 c.608 §8; repealed by 1971 c.570 §15]

342.856 Core teaching standards

The State Board of Education, in consultation with the Teacher Standards and Practices Commission, shall adopt core teaching standards to improve student academic growth and learning by: Assisting school districts in determining the effectiveness of teachers and administrators and in making human resource decisions; and Improving the professional developme…

342.865 Grounds for dismissal or contract nonextension of contract teacher

No contract teacher shall be dismissed or the teacher’s contract nonextended except for: Inefficiency; Immorality; Insubordination; Neglect of duty, including duties specified by written rule; Physical or mental incapacity; Conviction of a felony or of a crime according to the provisions of ORS 342.143; Inadequate performance; Failure to comply with …

342.875 Suspension; reinstatement

Whenever a district superintendent has reason to believe that cause exists for the dismissal of a contract teacher on any ground specified in ORS 342.865 (1)(b) to (f), and when the district superintendent is of the opinion that immediate suspension of the teacher is necessary for the best interest of education in the district, the district superintendent ma…

342.885 [1965 c.608 §10; repealed by 1973 c.298 §9]

342.895 Contract teachers; procedure for dismissal or contract nonextension; appeal

Contract teachers shall be employed by a school district pursuant to two-year employment contracts. Authority to dismiss or not extend a contract teacher is vested in the district school board subject to the provisions of the fair dismissal and contract extension procedures of ORS 342.805 to 342.937 and only after recommendation of the dismissal or nonexten…

342.905 Appeal procedure; arbitration as alternative

If the district school board dismisses the teacher or does not extend the contract of the contract teacher, the teacher or the teacher’s representative may appeal that decision to the Fair Dismissal Appeals Board established under ORS 342.930 by depositing by certified mail addressed to the Superintendent of Public Instruction and a copy to the superintenden…

342.910 Waiver of contract grievance claim if appeal of dismissal decision filed; waiver of certain rights and procedures

Any teacher who files an appeal of a dismissal or nonextension of a contract decision with the Fair Dismissal Appeals Board, upon motion of the school district, shall be required to waive any contract grievance claim regarding the same dismissal or nonextension of a contract as a condition to Fair Dismissal Appeals Board or subsequent judicial review. A sch…

342.915 [1965 c.608 §13; 1971 c.570 §9; 1979 c.668 §5; repealed by 1997 c.864 §29]

342.925 [1965 c.608 §14; repealed by 1971 c.570 §15]

342.930 Fair Dismissal Appeals Board; rules

The Fair Dismissal Appeals Board is created, consisting of 24 members appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. The membership of the board shall be as follows: Six members must be administrators in common or union high school districts; Six members must be contract teachers; Six members must…

342.934 Procedure for reduction of teacher staff due to funding or administrative decision

As used in this section: “Competence” means the ability of a teacher to teach a subject or grade level based on consideration of any of the following: Teaching experience within the past five years related to the subject or grade level; Educational attainments, which may not be based solely on being licensed to teach; or The teacher’s willingness to unde…

342.935 [1965 c.608 §15; repealed by 1971 c.570 §15; see 342.960]

342.937 Reimbursement for teacher dismissal costs

The Superintendent of Public Instruction may reimburse any school districts for all or part of the costs reasonably related to a dismissal of a contract teacher or nonextension of a contract teacher’s contract, or appeal therefrom under ORS 342.805 to 342.937, provided that the school district is the ultimate prevailing party. The superintendent may consider…

342.940 Educator Advancement Council; members; duties; rules

As used in this section and ORS 342.943, “educator” means a person who is: A teacher, an administrator or another school employee who is employed to provide instruction or support to students in early childhood education or in kindergarten through grade 12; or Entering into or enrolled in an educator preparation program. The Educator Advancement Council i…

342.943 System of educator networks; eligibility; duties

The Educator Advancement Council shall establish a system of educator networks, including prescribing characteristics of educator networks and selecting the entities to serve as educator networks. An entity is eligible to sponsor an educator network if the entity: Is a school district, an education service district, a nonprofit organization, a post-seconda…

342.945 [1965 c.608 §16; repealed by 1971 c.570 §15]

342.950 [2013 c.661 §§1,2; 2015 c.27 §§36,37; 2015 c.188 §§13,14; 2015 c.245 §§27,28; 2015 c.487 §§1,2; 2015 c.604 §§17,18; 2015 c.647 §§29,30; 2015 c.774 §§25,57; 2015 c.790 §§8b,8c; 2016 c.8 §§1,2; 2017 c.639 §§4,10; 2018 c.72 §§15,16; repealed by 2017 c.639 §19]

342.953 Educator Advancement Fund

The Educator Advancement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Educator Advancement Fund shall be credited to the Educator Advancement Fund. Moneys in the Educator Advancement Fund are continuously appropriated to the Department of Education for the Educator Advancement Council created…

342.955 [1965 c.608 §17; 1973 c.298 §8; 1979 c.861 §8; repealed by 1987 c.898 §28]

342.960 [1971 c.743 §359; see 342.935; repealed by 1973 c.298 §9]

MISCELLANEOUS

342.961 Internal investigations of employee misconduct or wrongdoing

Notwithstanding any other law, a district school board may conduct internal investigations of alleged employee misconduct or wrongdoing at any time. Note: 342.961 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 342 or any series therein by legislative action. See Preface to Oregon Revised Statutes for furt…

342.965 Interchange of teachers

A district school board may provide for the interchange of teachers with school districts of other states or countries. Teachers exchanged shall teach one year, the year’s service outside the state being credited to them as service in the district in which they are regularly employed when the interchange is made. The salary of the Oregon teacher shall be pai…

342.970 [Formerly 342.520; repealed by 1993 c.45 §195]

342.971 Educator Preparation Improvement Fund

There is created the Educator Preparation Improvement Fund, separate and distinct from the General Fund. Interest earned on moneys in the Educator Preparation Improvement Fund shall be credited to the fund. The Teacher Standards and Practices Commission may accept from any source any grant, donation or gift of money or other valuable thing made to the commi…

342.974 Oregon Education Support Professional of the Year Program; rules

The Department of Education shall create an Oregon Education Support Professional of the Year Program. Each year, in collaboration with the Oregon State Lottery Commission, the Department of Education shall honor and recognize at least one outstanding education support professional that serves students in any grade from prekindergarten through grade 12. To…