Vote Smart's Synopsis:

Vote to pass a bill that authorizes school districts to retain educators based on diversity and cultural merits.

Highlights:

• Defines “competence” to mean the ability of a teacher to teach a subject or grade level based on consideration of any of the following (Sec. 1):

• Teaching experience within the past 5 years related to the subject or grade level;

• Educational attainments, which may not be based solely on being licensed to teach; or

• The teacher’s willingness to undergo additional training or pursue additional education.

• Defines “cultural or linguistic expertise” to mean the expertise of one teacher, as measured against the expertise of another teacher, based on consideration of any of the following factors (Sec. 1):

• A teacher’s linguistic ability in relation to an in-district language, as determined by a school district using a method of verification or attestation of fluency for all in-district languages;

• A teacher’s completion of a teacher pathway program that is implemented by a teacher pathway partnership at the national, state, regional or local level and that has the primary focus of increasing the number of culturally or linguistically diverse teachers; or

• A teacher’s current work assignment that requires the teacher to work at least 50 percent of the teacher’s work assignment time:

• At a school where at least 25 percent of the student population consists of students from a historically underserved background, if the teacher is assigned to one school; or

• At programs, schools or school districts where at least 25 percent of the student population consists of students from a historically underserved background, if the teacher is assigned to multiple programs, schools or school districts.

• Defines “in-district language” to mean a heritage language or a language other than English that is spoken (Sec. 1):

• By 5 percent or more of the students enrolled at the school where a teacher is assigned or, if the teacher is not assigned to a school, of the students enrolled in the schools of the school district; or

• At 5 percent or more of the homes of the students enrolled at the school where a teacher is assigned or, if the teacher is not assigned to a school, of the homes of the students enrolled in the schools of the school district.

• Defines “merit” to mean the measurement of one teacher’s ability and effectiveness against the ability and effectiveness of another teacher (Sec. 1).

• Defines “qualified teacher with cultural or linguistic expertise” to mean a teacher who (Sec. 1):

• Has more cultural or linguistic expertise than a teacher with more or equal seniority; and

• Holds proper licenses or other credentials to fill a remaining position.

• Defines “school district” to include an education service district (Sec. 1).

• Defines “student from a historically underserved background” to include a student who (Sec. 1):

• Is an English language learner;

• Is from a racial or ethnic group that has historically experienced academic disparities, including racial or ethnic groups for which a statewide education plan has been developed under ORS 329.841, 329.843 or 329.845 for students who are black, African-American, American Indian, Alaska Native, Latino or Hispanic;

• Is economically disadvantaged; or

• Has a disability.

• Specifies that “teacher” has the meaning given that term in ORS 342.120 (Sec. 1).

• Establishes that before making any layoff decisions related to teacher staff, a school district should make every reasonable effort to (Sec. 1):

• Transfer teachers of eliminated or adjusted classes to other teaching positions for which the teachers are licensed and qualified;

• Combine teaching positions in a manner that allows teachers to remain qualified so long as the combined positions meet the curriculum needs of the school district and the competence consideration specified in subsection (5) of this section; and

• Maintain the proportion of teachers with cultural or linguistic expertise compared to teachers without cultural or linguistic expertise.

• Establishes that a school district shall prioritize seniority when determining which teachers will be retained when a school district reduces its teacher staff under this section (Sec. 1).

• Requires that a school district retains a qualified teacher with cultural or linguistic expertise who has less seniority if the release of the less senior teacher would result in a lesser proportion of teachers with cultural or linguistic expertise compared to teachers without cultural or linguistic expertise (Sec. 1). 

• Specifies that when a qualified teacher with cultural or linguistic expertise is retained and the school district is determining which teachers to retain who do not have cultural or linguistic expertise, the school district shall prioritize the following (Sec. 1):

•  Seniority; or

• To the extent allowed under subsection (5) of this section, competence or merit; and

• Any ties in calculations of seniority shall be broken by drawing lots.

• Specifies that if the release of a qualified teacher with cultural or linguistic expertise who has equal seniority would result in a lesser proportion of teachers with cultural or linguistic expertise compared to teachers without cultural or linguistic expertise, the school district shall retain the teacher with cultural or linguistic expertise (Sec. 1).

• Establishes that seniority shall be calculated from the first day of actual service as teachers with the school district, inclusive of approved leaves of absence (Sec. 1).

• Specifies that nothing in this subsection prohibits a school district from requiring that teachers to be retained hold proper licenses or other credentialing at the time of layoff to fill remaining positions or prohibits a school district from retaining a teacher as allowed under subsection (5) of this section (Sec. 1).

• Establishes that a school district may retain a teacher with less seniority than a teacher being released under this section if the school district determines that the teacher being retained has more competence or merit than the teacher with more seniority who is being released (Sec. 1).

• Specifies that an administrator shall retain status and seniority as a contract teacher and voluntarily may return to teaching in a reduction in staff situation (Sec. 1).

• Establishes that an administrator who was never employed as a teacher in the school district shall not be eligible to become a nonadministrative teacher in the school district if the effect is to displace a nonadministrative contract teacher (Sec. 1).

• Specifies that 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 should establish a procedure for recalling teachers to employment in the school district who have been released because of a prospective or actual reduction in staff with the following specifications (Sec. 1):

•  The procedure is to define the criteria for recall and the teacher has the right of recall for 27 months after the last date of release by the school district unless waived as provided in the procedure by rejection of a specific position;

• A contract teacher who is recalled is to retain the status obtained before the release; and

• A probationary teacher who is recalled is to have years of teaching for the school district counted as if the employment had been continuous for purposes of obtaining contract teacher status.

• Establishes that an appeal from a decision on reduction in staff or recall under this section is to 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 with the following specifications (Sec. 1):

• The results of the procedure is to be final and binding on the parties;

• Appeals from multiple reductions may be considered in a single arbitration; and

• The arbitrator is authorized to reverse the staff reduction decision or the recall decision made by the school district only if the school district:

• Exceeded its jurisdiction;

• Failed to follow the procedure applicable to the matter before it;

• Made a finding or order not supported by substantial evidence in the whole record; or

•  Improperly construed the applicable law.

• Specifies that a school district should 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; however, nothing in this subsection is to prevent a school district and the exclusive bargaining representative from agreeing to alternative criteria for competence determinations under this subsection so long as the criteria ensure that all retained teachers are qualified for the positions they fill (Sec. 1).

• Defines “qualified” to mean 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 with the following specifications (Sec. 1):

• Qualifications are to 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; and

• Determinations of competence or qualifications under this subsection may take into account requirements for any special needs students.

• Establishes that the amendments to ORS 342.934 by section 1 of this 2021 Act apply to contracts entered into, renewed or extended on or after the effective date of this 2021 Act (Sec. 2).

• Establishes that a contract teacher should not be subjected to the requirement of annual appointment nor should 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 (Sec. 3).

• Specifies that 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 (Sec. 3).

• Establishes that no teacher is to 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 and 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 (Sec. 3).

• Defines “juvenile detention education program” to mean the Juvenile Detention Education Program, as defined in ORS 326.695 (Sec. 3).

• Establishes that no teacher is to 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 and where such reorganization occurs, a teacher should be transferred to the employment of the school district or education service district that assumed or acquired program responsibilities (Sec. 3).

• Specifies that an administrator should serve a probationary period that does not exceed 3 years, unless the administrator and the school district mutually agree to a shorter time period, and following a probationary period, an administrator is to be employed by a school district pursuant to a 3 year employment contract (Sec. 3).

• Establishes that the administrator may be assigned and reassigned at will during the term of the contract (Sec. 3).

• Establishes that the district school board may elect not to extend the administrator’s contract for any cause the school board in good faith considers sufficient and prior to March 15 of the second year of the administrator’s contract, the school board is to take one of the following actions:

• Issue a new three-year contract effective July 1 following the March 15 of the second year of the administrator’s contract;

• Provide, in writing, notice that the contract will not be renewed or extended; or

• Extend the existing contract for a period of not more than one year.

• Specifies that if an administrator receives notice of contract nonextension prior to the expiration of the administrator’s contract, the administrator has 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 3 years’ teaching experience in Oregon that has been successful, in the judgment of the district superintendent (Sec. 3).

• Establishes that this 2021 Act is necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2021 Act takes effect on its passage (Sec. 4).

Full Bill Text