Oregon Code § 342.850·Enacted ·Last updated March 01, 2026
Statute Text
Teacher evaluation; personnel file content; rules.
(1) The district superintendent of
every school district, including superintendents of education service
districts, shall cause to have made at least annually but with multiple
observations an evaluation of performance for each probationary teacher employed
by the district. The purpose of the evaluation is to aid the teacher in making
continuing professional growth and to determine the teachers performance of
the teaching responsibilities. Evaluations shall be based upon at least two
observations and other relevant information developed by the district.
(2)(a) The
district school board shall develop an evaluation process in consultation with
school administrators and with teachers. If the districts teachers are
represented by a local bargaining organization, the board shall consult with
teachers belonging to and appointed by the local bargaining organization in the
consultation required by this paragraph.
(b) The district
school board shall implement the evaluation process that includes:
(A) The
establishment of job descriptions and performance standards which include but
are not limited to items included in the job description;
(B) A
preevaluation interview which includes but is not limited to the establishment
of performance goals for the teacher, based on the job description and
performance standards;
(C) An evaluation
based on written criteria which include the performance goals;
(D) A
post-evaluation interview in which:
(i) The results
of the evaluation are discussed with the teacher; and
(ii) A written
program of assistance for improvement is established, if one is needed to
remedy any deficiency specified in ORS 342.865 (1)(a), (d), (g) or (h); and
(E) The
utilization of peer assistance whenever practicable and reasonable to aid
teachers to better meet the needs of students. Peer assistance shall be
voluntary and subject to the terms of any applicable collective bargaining
agreement. No witness or document related to the peer assistance or the record
of peer assistance shall be admissible in any proceeding before the Fair
Dismissal Appeals Board, or in a probationary teacher nonrenewal hearing before
a school board under ORS 342.835, without the mutual consent of the district
and the teacher provided with peer assistance.
(c) Nothing in
this subsection is intended to prohibit a district from consulting with any
other individuals.
(3) Except in
those districts having an average daily membership, as defined in ORS 327.006,
of fewer than 200 students, the person or persons making the evaluations must
hold teaching licenses. The evaluation shall be signed by the school official
who supervises the teacher and by the teacher. A copy of the evaluation shall
be delivered to the teacher.
(4) The
evaluation reports shall be maintained in the personnel files of the district.
(5) The
evaluation report shall be placed in the teachers personnel file only after
reasonable notice to the teacher.
(6) A teacher may
make a written statement relating to any evaluation, reprimand, charge, action
or any matter placed in the teachers personnel file and such teachers
statement shall be placed in the personnel file.
(7) All charges
resulting in disciplinary action shall be considered a permanent part of a
teachers personnel file and shall not be removed for any reason. A teacher
shall have the right to attach the teachers response, or other relevant
documents, to any document included under this subsection.
(8) The personnel
file shall be open for inspection by the teacher, the teachers designees and
the district school board and its designees. District school boards shall adopt
rules governing access to personnel files, including rules specifying whom
school officials may designate to inspect personnel files.
(9) A program of
assistance for improvement or evaluation procedure shall not be technically
construed, and no alleged error or unfairness in a program of assistance for
improvement shall cause the overturning of a dismissal, nonextension of
contract, nonrenewal of contract or other disciplinary action unless the
contract teacher suffered a substantial and prejudicial impairment in the
teachers ability to comply with school district standards. [1971 c.570 §5;
1973 c.298 §3; 1973 c.458 §1; 1977 c.881 §3; 1979 c.598 §1; 1979 c.668 §2a;
1987 c.663 §1; 1989 c.491 §29; 1997 c.864 §9]