Summary of Proposed Action: Eliminates obsolete provisions of the rule. Clarifies that signing a contract renewal notice is considered to be a contract. Adds language that the district alerts the teacher that the district may turn the teacher in for failure to fulfill the 60 days notice provisions of the law.

Background: We have districts that do not alert the educator that they may turn them into TSPC and also does not discourage them for resigning – then turns them into TSPC. We also have educators who sign the notice to renew the contract, the district reasonably relies on that, and then the educator says they didn’t sign a “contract.” The language of the rule is intended to make sure that all parties act in good faith.

Issues/Concerns that Surfaced (if any):

Changed Since Last Commission Meeting?

¨ N/A; First reading – Hasn’t been before the Commission

þ No; same as last meeting considered

¨ Yes – As follows:

Fiscal Impact: None

Staff Recommendation:

þ Adopt rule as presented

¨ Adopt rule in the future; refer to public comment

¨ No recommendation

¨ File as temporary rule and refer to public comment

Permanent Rule for Adoption

584-050-0020 (Final Version)

Discipline for Resignation in Violation of Contract

(1) If a school board charges a teacher with violation of a contract under ORS 342.553, for failure to provide sixty days' notice prior to resignation, the Board must submit all of the following documents:

(a) A copy of the Board's resolution containing the teacher's notice of resignation and the Board's request for suspension of licensure;

(b) A copy of the teacher's contract;

(c) A copy of the applicable collective bargaining agreement;

(d) A statement from the superintendent describing the provisions of the agreement for resignations; and

(e) A statement from the superintendent attesting that the administration made it clear to the educator upon request for resignation that the district may submit the failure to provide 60-day notice to TSPC for consideration of discipline.

(2) A teacher who signs a contract renewal notice will be considered to have accepted the contract to teach the following year.

(3) Upon receipt of the information specified in section (1) of this rule, the Executive Director will refer the case to investigation and proceed pursuant to ORS 342.175 to ORS 342.177.

584-050-0020 (Amended Version)

[Suspension] Discipline for Resignation in Violation of Contract

(1) If a school board charges a teacher with violation of a contract under ORS 342.553, for failure to provide sixty days' notice prior to resignation, the Board must submit all of the following documents:

(a) A copy of the Board's resolution containing the teacher's notice of resignation and the Board's request for suspension of licensure;

(b) A copy of the teacher's contract;

(c) A copy of the applicable collective bargaining agreement; [and]

(d) A statement from the superintendent describing the provisions of the agreement for resignations[.] ; and

(e) A statement from the superintendent attesting that the administration made it clear to the educator upon request for resignation that the district may submit the failure to provide 60-day notice to TSPC for consideration of discipline.

(2) A teacher who signs a contract renewal notice will be considered to have accepted the contract to teach the following year.

[(2)] (3) Upon receipt of the information specified in section (1) of this rule, the Executive Director will refer the case to investigation and proceed pursuant to ORS 342.175 to ORS 342.177. [notify the teacher of suspension of his or her license The notice of suspension will contain the following statement: "You may appeal this action in writing within twenty days after the date of this notice. If an appeal is made to the Commission, suspension of your teaching license will be stayed until the Commission reaches its decision." .]

[(3)] [If the Commission decides that the charge has been proven and the justification for violating the contract is not satisfactory, the Commission will suspend the teacher's license for the remainder of the school year. The decision of the Commission is final.]

[(4) A license which has been suspended for violation of contract may be reinstated after the period of suspension upon application and payment of the fee to reinstate a suspended license under OAR 584-036-0055.]

Stat. Auth.: ORS 342
Stat. Implemented: ORS 342.553
Hist.:

Underlying Statute:

342.553 Discipline for resigning without providing required notice. (1) 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 required in the applicable collective bargaining agreement, to the district superintendent or the school board.