Oregon Revised Statutes Chapter 342 § 342.934 — Procedure for reduction of teacher staff due to funding or administrative

Procedure for reduction of teacher staff due to funding or administrative decision. (1) As used in this section: (a) “Competence” means the ability of a teacher to teach a subject or grade level based on consideration of any of the following: (A) Teaching experience within the past five years related to the subject or grade level; (B) Educational attainments, which may not be based solely on being licensed to teach; or (C) The teacher’s willingness to undergo additional training or pursue additional education. (b) “Cultural or linguistic expertise” means the expertise of one teacher, as measured against the expertise of another teacher, based on consideration of any of the following factors: (A) 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; (B) 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 (C) A teacher’s current work assignment that requires the teacher to work at least 50 percent of the teacher’s work assignment time: (i) 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 (ii) 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. (c) “In-district language” means a heritage language or a language other than English that is spoken: (A) By five 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 (B) At five 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. (d) “Merit” means the measurement of one teacher’s ability and effectiveness against the ability and effectiveness of another teacher. (e) “Qualified teacher with cultural or linguistic expertise” means a teacher who: (A) Has more cultural or linguistic expertise than a teacher with more or equal seniority; and (B) Holds proper licenses or other credentials to fill a remaining position. (f) “School district” includes an education service district. (g) “Student from a historically underserved background” includes a student who: (A) Is an English language learner; (B) 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; (C) Is economically disadvantaged; or (D) Has a disability. (h) “Teacher” has the meaning given that term in ORS 342.120. (2) This section shall provide the procedure for making reductions in teacher staff positions resulting from a school district’s lack of funds to continue its educational program at its anticipated level or resulting from the school district’s elimination or adjustment of classes due to administrative decision. 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. (3) Before making any layoff decisions related to teacher staff, a school district shall make every reasonable effort to: (a) Transfer teachers of eliminated or adjusted classes to other teaching positions for which the teachers are licensed and qualified. (b) 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. (c) Maintain the proportion of teachers with cultural or linguistic expertise compared to teachers without cultural or linguistic expertise. (4)(a) Except as required by paragraph (b) of this subsection and as allowed by subsection (5) of this section, a school district shall prioritize seniority when determining which teachers will be retained when a school district reduces its teacher staff under this section. (b) A school district shall retain 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 linguis