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
House Bill 2692
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 as
introduced.
Directs school districts to consider competence of teachers
when determining which teachers will be retained 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 the combined positions meet the curriculum
needs of the district { - and the competence consideration
specified in subsection (4) of this section - } { + and the
competence of the teachers is considered + }.
(3) In determining teachers to be retained when a school
district reduces its staff 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. - }
{ + (c) Determine competence of teachers.
(d) Determine merit of teachers if necessary under subsection
(4) of this section. + }
(4) If a school district desires to retain a teacher with less
seniority { + or competence + } 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 { + or competence + } 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 - } { + may + } not be 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 staff 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. 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 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
staff 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 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 may include other criteria
that reasonably measure the teacher's fitness to teach the
relevant grade 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.
(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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