Bill Text: OR HB2692 | 2013 | Regular Session | Engrossed
Bill Title: Relating to reductions in teacher staff; declaring an emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2692 Detail]
Download: Oregon-2013-HB2692-Engrossed.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2917
A-Engrossed
House Bill 2692
Ordered by the House April 11
Including House Amendments dated April 11
Sponsored by Representatives GREENLICK, HARKER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Directs school districts to consider competence of
{ - teachers when determining which teachers will be
retained - } { + teacher when transferring teacher to different
subject or grade level + } when school district reduces staff in
certain circumstances.
Declares emergency, effective July 1, 2013.
A BILL FOR AN ACT
Relating to reductions in teacher staff; creating new provisions;
amending ORS 342.934; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 342.934 is amended to read:
342.934. (1) The procedure for reduction in teacher staff
positions resulting from the school district's lack of funds to
continue its educational program at its anticipated level or
resulting from the district's elimination or adjustment of
classes due to administrative decision shall be as provided in
this section. { - However, - } Nothing in this section is
intended to interfere with the right of a fair dismissal district
to discharge, remove or fail to renew the contract of a
probationary teacher pursuant to ORS 342.835.
(2) The school district shall make every reasonable effort to:
(a) Transfer teachers of courses scheduled for discontinuation
to other teaching positions for which { - they - } { + the
teachers + } are licensed and qualified.
(b) Combine teaching positions in a manner { - which - }
{ + that + } allows teachers to remain qualified { - so - }
{ + as + } long as { + :
(A) + } The combined positions meet the curriculum needs of the
district { - and the competence consideration specified in
subsection (4) of this section. - } { + ; and
(B) The teachers have competence for the combined
positions. + }
(3) In determining { + which + } teachers { + are + } to be
retained when a school district reduces { - its - }
{ + teacher + } staff { + positions + } under this section, the
school district shall:
(a) Determine whether teachers to be retained hold proper
licenses at the time of layoff to fill the remaining positions.
(b) Determine seniority of teachers to be retained, calculated
from the first day of actual service as teachers with the school
district inclusive of approved leaves of absence. Ties shall be
broken by drawing lots.
(c) Determine competence and merit of teachers, if necessary,
under subsection (4) of this section.
{ + (4)(a) If a school district that is reducing teacher
staff positions under this section desires to transfer a teacher
to a different subject or grade level, the school district may
make the transfer only if the school district determines that the
teacher has competence for the subject or grade level. + }
{ - (4) - } { + (b) + } If a school district desires to
retain a teacher with less seniority than a teacher being
released under this section, the district shall determine that
the teacher being retained has more { - competence or - }
merit than the teacher with more seniority who is being released.
(5) An administrator shall retain status and seniority as a
contract teacher and voluntarily may return to teaching in a
reduction in staff situation. { - However, - } An
administrator who was never employed as a teacher in the district
{ - shall not be - } { + is not + } eligible to become a
nonadministrative teacher in the district if the effect is to
displace a nonadministrative contract teacher.
(6) In consultation with its employees or, for those employees
in a recognized or certified collective bargaining unit, with the
exclusive bargaining representative of that unit, each school
district shall establish a procedure for recalling teachers to
employment in the district who have been released because of a
prospective or actual reduction in staff. The procedure so
established shall define the criteria for recall and the teacher
shall have the right of recall { - thereunder - } for 27
months after the last date of release by the district unless
waived as provided in such procedure by rejection of a specific
position. A contract teacher who is recalled shall retain the
status obtained before the release. A probationary teacher who is
recalled shall have years taught for the district counted as if
the employment had been continuous for purposes of obtaining
contract teacher status.
(7) An appeal from a decision on reduction in { + teacher + }
staff { + positions + } or recall under this section shall be
by arbitration under the rules of the Employment Relations Board
or by a procedure mutually agreed upon by the employee
representatives and the { - employer - } { + school
district + }. The results of the procedure shall be final and
binding on the parties. Appeals from multiple reductions may be
considered in a single arbitration. The arbitrator is authorized
to reverse the staff reduction decision or the recall decision
made by the { + school + } district only if the district:
(a) Exceeded its jurisdiction;
(b) Failed to follow the procedure applicable to the matter
before it;
(c) Made a finding or order not supported by substantial
evidence in the whole record; or
(d) Improperly construed the applicable law.
(8) { + (a) + } { - After August 15, 1997, - } A school
district { - shall - } { + may + } not agree in any
collective bargaining agreement to waive the right to consider
competence in making decisions about the order of reduction in
{ + teacher + } staff { + positions + } or recall of staff.
{ + (b) + } Nothing in this subsection { - shall
prevent - } { + prevents + } a school district and the
exclusive bargaining representative from agreeing to alternative
criteria for competence determinations under this subsection
{ - so - } { + as + } long as the criteria ensure that all
retained teachers are qualified for the positions { - they - }
{ + the teachers + } fill.
{ + (c) + } As used in this subsection, 'qualified' means the
measurement of the teacher's ability to teach the particular
grade level or subject matter in which the teacher is placed
after the reduction in force. Qualifications shall be measured by
more than seniority and licensure, { - but - } { + and + }
may include other criteria that reasonably measure the teacher's
fitness to teach the relevant grade { + level + } or subject
{ - level - } . Determinations of competence or qualifications
under this subsection may take into account requirements for any
special needs students.
(9) As used in this section:
{ - (a) 'Competence' means the ability to teach a subject or
grade level based on recent teaching experience related to that
subject or grade level within the last five years, or educational
attainments, or both, but not based solely on being licensed to
teach. The district may consider a teacher's willingness to
undergo additional training or pursue additional education in
deciding upon questions of competence. - }
{ + (a) 'Competence' means the ability to teach a subject or
grade level based on:
(A) Any of the following:
(i) Teaching experience related to that subject or grade level
within the last 10 years;
(ii) Educational attainments related to that subject or grade
level; or
(iii) A willingness to undergo additional training or pursue
additional education related to that subject or grade level; or
(B) The terms of any applicable collective bargaining
agreement. + }
(b) 'Merit' means the measurement of one teacher's ability and
effectiveness against the ability and effectiveness of another
teacher.
SECTION 2. { + The amendments to ORS 342.934 by section 1 of
this 2013 Act apply to reductions in staff made on or after July
1, 2013. + }
SECTION 3. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
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