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 to
342.937.
(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 to 342.930. 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.
(B) “School
district” means a school district as defined in ORS 332.002, 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, or
pursuant to ORS 342.934 (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, 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
Zollinger v. Warner (1979)
or · cites it 4×
“"We conclude that where a school district fails to comply with the provisions of ORS 342.845 in transferring a tenured administrator, the legislature intended that the appeal time starts to run when an administrator receives actual notice of the school district’s action…”
Edwards v. Riverdale School District (2008)
orctapp · cites it 2×
“835 (describing process applicable to dismissal of probationary teachers) with ORS 342.845 (describing process applicable to dismissal of contract teachers and administrators).”
Folkers v. Lincoln County School District (2006)
orctapp · cites it 16×
“The board first concluded that, because “for any particular salary step, a middle school assistant principal position *628 has a lower salary than an elementary school principal position [,]” the new position would be a “lower paying position” under the prior version of the…”
Maddox v. Clackamas County School District No. 25 (1982)
or
“, term) are “subject to,” among other things, the termination provisions of ORS 342.845. No additional contract right or remedy to enforce the statute is created by the “subject to” provision.”
Babitzke v. Silverton Union High School No. 7J (1985)
orctapp · cites it 3×
“ORS 342.845 provides that a permanent teacher shall not be “dismissed * * * without the consent of the teacher except as provided in [the Fair Dismissal Law].”
Post v. Salem-Keizer School District (1999)
orctapp · cites it 5×
“” ORS 342.845 (1995) (emphasis added). Petitioner is a permanent part-time teacher who accepted a full-time teaching assignment that was not renewed.”
Smith v. Salem-Keizer School District (2003)
orctapp
“) Contract teachers are entitled to two-year employment contracts and “shall not be subjected to the requirement of annual appointment * * ORS 342.845(1). Furthermore, a contract teacher may not be dismissed, except for specific reasons outlined in ORS 342.”
Schaaf v. Eugene School District No. 4J (1974)
orctapp · cites it 5×
“Also relevant is ORS 342.845 (2). It provides': “No permanent teacher who has served as an administrator in a particular position for a period of three successive years in a tenure district shall be transferred to a lower paying position as an administrator or to a…”
Zollinger v. Frear (1978)
orctapp · cites it 7×
“845 in transferring a tenured administrator, the legislature intended that the appeal time starts to run when an administrator receives actual notice of the school district’s action effecting the transfer, and by analogizing to ORS 342.905(1), which is jurisdictional, 4 we…”
Willamina Education Ass'n v. Willamina School District 30J (1981)
orctapp
“The arbitrator noted that ORS 342.845 4 defines "substitute” and "temporary” teacher as follows: "(7) 'Substitute teacher’ means any teacher who is employed to take the place of a probationary or permanent teacher who is temporarily absent.”
Bain v. Willamette Education Service District (2000)
orctapp · cites it 13×
“Defendants 2 respond that the trial court correctly determined that neither the Public Employee Transfer Law nor ORS 342.845 applies to plaintiffs. The Public Employee Transfer Law provides the following definition: “‘Public employee’ means an employee whose compensation is paid…”
— Or. Rev. Stat. § 342.845(1) — 1 case
Smith v. Salem-Keizer School District (2003)
orctapp
“) Contract teachers are entitled to two-year employment contracts and “shall not be subjected to the requirement of annual appointment * * ORS 342.845(1). Furthermore, a contract teacher may not be dismissed, except for specific reasons outlined in ORS 342.”
— Or. Rev. Stat. § 342.845(2) — 6 cases
Zollinger v. Warner (1979)
or
“"We conclude that where a school district fails to comply with the provisions of ORS 342.845 in transferring a tenured administrator, the legislature intended that the appeal time starts to run when an administrator receives actual notice of the school district’s action…”
Post v. Salem-Keizer School District (1999)
orctapp
“” ORS 342.845 (1995) (emphasis added). Petitioner is a permanent part-time teacher who accepted a full-time teaching assignment that was not renewed.”
Zollinger v. Frear (1978)
orctapp
“845 in transferring a tenured administrator, the legislature intended that the appeal time starts to run when an administrator receives actual notice of the school district’s action effecting the transfer, and by analogizing to ORS 342.905(1), which is jurisdictional, 4 we…”
— Or. Rev. Stat. § 342.845(3) — 2 cases
Folkers v. Lincoln County School District (2006)
orctapp
“The board first concluded that, because “for any particular salary step, a middle school assistant principal position *628 has a lower salary than an elementary school principal position [,]” the new position would be a “lower paying position” under the prior version of the…”
Bain v. Willamette Education Service District (2000)
orctapp
“Defendants 2 respond that the trial court correctly determined that neither the Public Employee Transfer Law nor ORS 342.845 applies to plaintiffs. The Public Employee Transfer Law provides the following definition: “‘Public employee’ means an employee whose compensation is paid…”
— Or. Rev. Stat. § 342.845(5) — 1 case
Folkers v. Lincoln County School District (2006)
orctapp
“The board first concluded that, because “for any particular salary step, a middle school assistant principal position *628 has a lower salary than an elementary school principal position [,]” the new position would be a “lower paying position” under the prior version of the…”
— Or. Rev. Stat. § 342.845(5)(a) — 2 cases
Edwards v. Riverdale School District (2008)
orctapp
“835 (describing process applicable to dismissal of probationary teachers) with ORS 342.845 (describing process applicable to dismissal of contract teachers and administrators).”
Folkers v. Lincoln County School District (2006)
orctapp
“The board first concluded that, because “for any particular salary step, a middle school assistant principal position *628 has a lower salary than an elementary school principal position [,]” the new position would be a “lower paying position” under the prior version of the…”
— Or. Rev. Stat. § 342.845(5)(b) — 1 case
Folkers v. Lincoln County School District (2006)
orctapp
“The board first concluded that, because “for any particular salary step, a middle school assistant principal position *628 has a lower salary than an elementary school principal position [,]” the new position would be a “lower paying position” under the prior version of the…”
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