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Oregon Revised Statutes

Or. Rev. Stat. § 342.815 (2026)

Definitions for ORS 342.805 to 342.937

✓ current as of May 2026
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      342.815 Definitions for ORS 342.805 to 342.937. As used in ORS 342.805 to 342.937 unless the context requires otherwise:

      (1) 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, deputy superintendent or assistant superintendent of any such district or any substitute or temporary teacher employed by such a district.

      (2) “Board” means the board of directors of a fair dismissal school district.

      (3)(a) “Contract teacher” means:

      (A) Any teacher who has been regularly employed by a fair dismissal district for an initial probationary period of three successive school years, and who has been retained for the next succeeding school year; or

      (B) Any teacher who has been regularly employed by a fair dismissal district for two successive years, who has already satisfied the initial three-year probationary term in another Oregon school district, and who has been retained for the next succeeding school year.

      (b) Notwithstanding paragraph (a)(B) of this subsection, the district school board may enter into an agreement for a shorter probationary period of not less than one year for a teacher who has satisfied the three-year probationary period in another Oregon school district, and who has been retained for the next succeeding school year.

      (4) “District superintendent” means the superintendent of schools of a fair dismissal district or, in the absence of the superintendent, the person designated to fulfill the superintendent’s functions.

      (5) “Fair dismissal district” means any common or union high school district or education service district.

      (6) “Probationary teacher” means any teacher employed by a fair dismissal district who is not a contract teacher.

      (7) “Program of assistance for improvement” means a written plan for a contract teacher that with reasonable specificity:

      (a) Helps teachers adapt and improve to meet changing demands of the Oregon Educational Act for the 21st Century in ORS chapter 329 if applicable.

      (b) Identifies specific deficiencies in the contract teacher’s conduct or performance.

      (c) Sets forth corrective steps the contract teacher may pursue to overcome or correct the deficiencies.

      (d) Establishes the assessment techniques by which the district will measure and determine whether the teacher has sufficiently corrected the deficiencies to meet district standards.

      (8) “Substitute teacher” means any teacher who is employed to take the place of a probationary or contract teacher who is temporarily absent.

      (9) Notwithstanding ORS 342.120, “teacher” means any person who holds a teaching license or registration as provided in ORS 342.125 or 342.144 or who is otherwise authorized to teach in the public schools of this state and who is employed half-time or more as an instructor or administrator.

      (10) “Temporary teacher” means a teacher employed to fill a position designated as temporary or experimental or to fill a vacancy which occurs after the opening of school because of unanticipated enrollment or because of the death, disability, retirement, resignation, contract nonextension or dismissal of a contract or probationary teacher. [1965 c.608 §2; 1971 c.570 §12; 1977 c.880 §1; 1977 c.881 §2; 1979 c.668 §1; 1981 c.299 §1; 1993 c.45 §194; 1997 c.864 §4; 1999 c.199 §11; 2001 c.653 §5; 2025 c.352 §1]

 

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

Notes of Decisions
Cited in 35 cases (1 in the last 5 years), 1973–2025 · leading case: Smith v. Salem-Keizer Sch. Dist., 71 P.3d 139 (Or. Ct. App. 2003).
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Smith v. Salem-Keizer Sch. Dist., 71 P.3d 139 (Or. Ct. App. 2003). · cites it 17× “815(3) defines the term “contract teacher” as “any teacher who has been regularly employed by a school district for a probationary period of three successive school years, and who has been retained for the next succeeding school year.” (Emphasis added.”
Ross v. Springfield Sch. Dist. No. 19, 657 P.2d 188 (Or. 1982). · cites it 4× “915 provide the method by which a permanent teacher, as defined in ORS 342.815(5), [3] may be dismissed. A recommendation for dismissal begins with the district superintendent.”
Edwards v. Riverdale Sch. Dist., 188 P.3d 317 (Or. Ct. App. 2008). · cites it 6× “” According to the board, under ORS 342.815(1), an “administrator” includes a teacher the majority of whose work is devoted to service as a “supervisor, principal, vice principal or director of a department or the equivalent.”
McDowell v. Emp. Dep't, 236 P.3d 722 (Or. 2010). · cites it 2× “815(6) (“probationary teacher” is a teacher who is not a contract teacher); ORS 342.815(3) (“contract teacher” is any teacher who has been regularly employed by a school district for a probationary period of three successive school years, and who has been retained for the next…”
Davis v. Wasco Intermediate Educ. Dist., 593 P.2d 1152 (Or. 1979). · cites it 2× “" [5] Current ORS 342.815(4) is even clearer: "`Permanent teacher' means any teacher who has been regularly employed by a fair dismissal district for a period of not less than three successive years, * * * and who has been reelected by such district after the completion of such…”
Wesockes v. Powers Sch. Dist. No. 31, 646 P.2d 68 (Or. Ct. App. 1982). · cites it 6× “” ORS 342.815. 1 No exception is made for the period following renewal of a third-year teacher.”
Papadopoulos v. Oregon State Bd. of Higher Educ., 511 P.2d 854 (Or. Ct. App. 1973). “In such a school district a teacher serves a *160 probationary period of three years, ORS 342.815 (5), presumably with a series of one-year contracts, see, ORS 342.”
Oregonian Publ'g Co. v. Portland Sch. Dist. No. 1J, 925 P.2d 591 (Or. Ct. App. 1996). “4 Parr and Williams are “teachers” under ORS 342.815(8), because the term teacher is broadly defined and includes administrators, such as principals or vice-principals.”
Willamin a Sch. Dist. 30J v. Willamina Educ. Ass'n, 655 P.2d 189 (Or. Ct. App. 1982). · cites it 4× “” For the proposition that Oregon statutes “establish” a distinction between substitute and regular teachers, the District relies on the definition section (ORS 342.815) of the Oregon Fair Dismissal Law, ORS 342.”
North Clackamas Sch. Dist. No. 12 v. North Clackamas Educ. Ass'n, 634 P.2d 1348 (Or. Ct. App. 1981). · cites it 3× “ORS 342.815(4) provides, in pertinent part: " 'Permanent teacher’ means any teacher who has been regularly employed by a fair dismissal district for a period of not less than three successive years, * * * and who has been re-elected by such district after the completion of such…”
Eugene Educ. Ass'n v. Eugene Sch. Dist. 4J, 754 P.2d 580 (Or. Ct. App. 1988). “3 ORS 342.815(8) defines “teacher,” for the purposes of the Fair Dismissal Law, as anyone “employed half-time or more as an instructor or administrator.”
Shandy v. Portland Sch. Dist. No. 1, 634 P.2d 1377 (Or. Ct. App. 1981). “” ORS 342.815(7). Classified personnel are not required to hold teaching certificates, and, therefore, the use of the term "any position for which they are qualified” used in ORS 342.”
Show all 35 citing cases →
— Or. Rev. Stat. § 342.815(1) — 2 cases
Edwards v. Riverdale Sch. Dist., 188 P.3d 317 (Or. Ct. App. 2008). “” According to the board, under ORS 342.815(1), an “administrator” includes a teacher the majority of whose work is devoted to service as a “supervisor, principal, vice principal or director of a department or the equivalent.”
Babbitt v. Mari-Linn Sch. Dist. No. 29-J, 764 P.2d 954 (Or. Ct. App. 1988).
— Or. Rev. Stat. § 342.815(2) — 1 case
Vorm v. David Douglas Sch. Dist. No. 40, 608 P.2d 193 (Or. Ct. App. 1980).
— Or. Rev. Stat. § 342.815(3) — 5 cases
Smith v. Salem-Keizer Sch. Dist., 71 P.3d 139 (Or. Ct. App. 2003). “815(3) defines the term “contract teacher” as “any teacher who has been regularly employed by a school district for a probationary period of three successive school years, and who has been retained for the next succeeding school year.” (Emphasis added.”
McDowell v. Emp. Dep't, 236 P.3d 722 (Or. 2010). “815(6) (“probationary teacher” is a teacher who is not a contract teacher); ORS 342.815(3) (“contract teacher” is any teacher who has been regularly employed by a school district for a probationary period of three successive school years, and who has been retained for the next…”
McDowell v. Emp. Dep't, 193 P.3d 989 (Or. Ct. App. 2008).
Waisanen v. Clatskanie Sch. Dist. 6J, 215 P.3d 882 (Or. Ct. App. 2009).
Babbitt v. Mari-Linn Sch. Dist. No. 29-J, 764 P.2d 954 (Or. Ct. App. 1988).
— Or. Rev. Stat. § 342.815(4) — 6 cases
Davis v. Wasco Intermediate Educ. Dist., 593 P.2d 1152 (Or. 1979). “" [5] Current ORS 342.815(4) is even clearer: "`Permanent teacher' means any teacher who has been regularly employed by a fair dismissal district for a period of not less than three successive years, * * * and who has been reelected by such district after the completion of such…”
Smith v. Salem-Keizer Sch. Dist., 71 P.3d 139 (Or. Ct. App. 2003). “815(3) defines the term “contract teacher” as “any teacher who has been regularly employed by a school district for a probationary period of three successive school years, and who has been retained for the next succeeding school year.” (Emphasis added.”
Wesockes v. Powers Sch. Dist. No. 31, 646 P.2d 68 (Or. Ct. App. 1982). “” ORS 342.815. 1 No exception is made for the period following renewal of a third-year teacher.”
North Clackamas Sch. Dist. No. 12 v. North Clackamas Educ. Ass'n, 634 P.2d 1348 (Or. Ct. App. 1981). “ORS 342.815(4) provides, in pertinent part: " 'Permanent teacher’ means any teacher who has been regularly employed by a fair dismissal district for a period of not less than three successive years, * * * and who has been re-elected by such district after the completion of such…”
Humphreys v. Bethel Sch. Dist. No. 52, 636 P.2d 463 (Or. Ct. App. 1981).
— Or. Rev. Stat. § 342.815(5) — 10 cases
Ross v. Springfield Sch. Dist. No. 19, 657 P.2d 188 (Or. 1982). “915 provide the method by which a permanent teacher, as defined in ORS 342.815(5), [3] may be dismissed. A recommendation for dismissal begins with the district superintendent.”
Cent. Point Sch. Dist. No. 6 v. Emp. Relations Bd., 555 P.2d 1269 (Or. Ct. App. 1976).
Barnes v. Fair Dismissal Appeals Bd., 548 P.2d 988 (Or. Ct. App. 1976).
Babitzke v. Silverton Union High Sch. No. 7J, 695 P.2d 93 (Or. Ct. App. 1985).
Sittser v. North Clackamas Sch. Dist. No. 12, 548 P.2d 511 (Or. Ct. App. 1976).
— Or. Rev. Stat. § 342.815(6) — 5 cases
McDowell v. Emp. Dep't, 236 P.3d 722 (Or. 2010). “815(6) (“probationary teacher” is a teacher who is not a contract teacher); ORS 342.815(3) (“contract teacher” is any teacher who has been regularly employed by a school district for a probationary period of three successive school years, and who has been retained for the next…”
Smith v. Salem-Keizer Sch. Dist., 71 P.3d 139 (Or. Ct. App. 2003). “815(3) defines the term “contract teacher” as “any teacher who has been regularly employed by a school district for a probationary period of three successive school years, and who has been retained for the next succeeding school year.” (Emphasis added.”
Wesockes v. Powers Sch. Dist. No. 31, 646 P.2d 68 (Or. Ct. App. 1982). “” ORS 342.815. 1 No exception is made for the period following renewal of a third-year teacher.”
McDowell v. Emp. Dep't, 193 P.3d 989 (Or. Ct. App. 2008).
Baird v. Tigard-Tualatin Sch. Dist. 23J (D. Or. 2025).
— Or. Rev. Stat. § 342.815(7) — 4 cases
Shandy v. Portland Sch. Dist. No. 1, 634 P.2d 1377 (Or. Ct. App. 1981). “” ORS 342.815(7). Classified personnel are not required to hold teaching certificates, and, therefore, the use of the term "any position for which they are qualified” used in ORS 342.”
Humphreys v. Bethel Sch. Dist. No. 52, 636 P.2d 463 (Or. Ct. App. 1981).
Wesockes v. Powers Sch. Dist. No. 31, 646 P.2d 68 (Or. Ct. App. 1982). “” ORS 342.815. 1 No exception is made for the period following renewal of a third-year teacher.”
Lane Unified Bargaining Council/SLEA/OEA/NEA v. SOUTH LANE SCH. DIST. 45J3, 9 P.3d 130 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 342.815(8) — 4 cases
Oregonian Publ'g Co. v. Portland Sch. Dist. No. 1J, 925 P.2d 591 (Or. Ct. App. 1996). “4 Parr and Williams are “teachers” under ORS 342.815(8), because the term teacher is broadly defined and includes administrators, such as principals or vice-principals.”
Eugene Educ. Ass'n v. Eugene Sch. Dist. 4J, 754 P.2d 580 (Or. Ct. App. 1988). “3 ORS 342.815(8) defines “teacher,” for the purposes of the Fair Dismissal Law, as anyone “employed half-time or more as an instructor or administrator.”
Wagenblast v. Crook Cnty. Sch. Dist., 707 P.2d 69 (Or. Ct. App. 1985).
Babbitt v. Mari-Linn Sch. Dist. No. 29-J, 764 P.2d 954 (Or. Ct. App. 1988).
— Or. Rev. Stat. § 342.815(9) — 2 cases
Pierce v. Douglas Sch. Dist. No. 4, 653 P.2d 243 (Or. Ct. App. 1982).
Bain v. Willamette Educ. Serv. Dist., 13 P.3d 1021 (Or. Ct. App. 2000).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.