Oregon Administrative Rules Chapter 586 - OREGON DEPARTMENT OF EDUCATION, FAIR DISMISSAL APPEALS BOARD
Oregon Administrative Rules (OAR) Chapter 586 is dedicated to the Oregon Department of Education, Fair Dismissal Appeals Board (FDAB). This chapter establishes the rules and procedures for appealing the dismissal or non-extension of contracts for licensed teachers and administrators in Oregon's public school districts.
Purpose of OAR Chapter 586:
The core purpose of OAR Chapter 586 is to:
Implement the Oregon Fair Dismissal Law (ORS 342.805 to 342.937): This law replaced earlier teacher tenure laws and established a statewide system for due process in teacher and administrator dismissals.
Provide a fair and impartial appeals process: It ensures that contract teachers and administrators have a mechanism to challenge dismissal or contract non-extension decisions made by school district boards.
Ensure uniform standards for dismissals: The rules help to ensure that dismissal decisions are based on substantiated facts and meet statutory grounds, preventing arbitrary or unreasonable actions.
Define the organization and operation of the Fair Dismissal Appeals Board: This includes the composition of the Board, its internal procedures, and how it conducts hearings.
Key Areas Covered in OAR Chapter 586:
Chapter 586 is typically organized into three main divisions:
Division 1: Procedural Rules: This division outlines the general administrative procedures for the Fair Dismissal Appeals Board. It covers:
Notice of Rulemaking: How the Board gives public notice when proposing to adopt, amend, or repeal rules.
Model Rules of Procedure: Reference to the Attorney General's Model Rules of Procedure, which provide standard administrative hearing processes unless otherwise specified.
Division 10: Policy: This division details the overall policies and structure of the FDAB. It includes:
Purpose: States the objective of the rules, which is to implement state law and facilitate the Board's operation.
Board Organization and Membership: Describes the composition of the 24-member Board, appointed by the Governor (six administrators, six contract teachers, six school board members, and six non-affiliated members). It also covers terms, vacancies, and compensation.
Officers: Procedures for selecting a chairperson and vice-chairperson.
Board Meetings: Rules for public meetings, annual meetings, notice requirements, and record-keeping (minutes and official records).
Executive Secretary: The role and duties of the executive secretary, who provides administrative support.
Adoption and Amendment of Rules: Procedures for the Board to create or change its rules.
Division 30: Conduct of Hearings: This is the most substantial division, detailing the specific procedures for appeal hearings. It covers:
Filing an Appeal: How a contract teacher or administrator initiates an appeal, including timelines and required information.
Appointment of a Panel: How a three-member panel from the larger Board is selected to hear a specific appeal. The composition of the panel depends on whether the appeal involves a teaching or administrative position.
Pre-Hearing Procedures: Steps taken before the hearing, such as preliminary conferences, discovery, and submission of witness lists and exhibits by both the school district and the appealing party.
Hearing Procedures: Detailed rules for the conduct of the contested case hearing, including:
Right to counsel, presentation of evidence, and cross-examination of witnesses.
Rules of evidence, objections, and burdens of proof.
The panel's power to subpoena witnesses and require testimony/evidence.
Privacy of the hearing unless the teacher requests it to be public.
Decision-Making: How the panel evaluates the evidence. The panel determines whether the facts relied upon by the school district for dismissal or non-extension are "true and substantiated." If so, it then considers whether those facts, in light of all circumstances, are "unreasonable, arbitrary, or clearly an abuse of discretion." The panel can reverse the dismissal/non-extension only if it finds it to be unreasonable, arbitrary, or an abuse of discretion, providing specific reasons in its findings and order.
Final Orders and Notification: Timelines and procedures for the panel to prepare and send its written decision to all parties involved (teacher, district superintendent, district school board, and Superintendent of Public Instruction).
Reconsideration or Rehearing: Procedures for requesting a re-evaluation of the decision.
Appeals: The process for appealing the FDAB's decision to the Oregon Court of Appeals.
Arbitration as an Alternative: Provisions for parties to mutually agree to use arbitration instead of an FDAB hearing.
In essence, OAR Chapter 586 provides the comprehensive procedural and substantive framework for the Fair Dismissal Appeals Board to fulfill its statutory role in reviewing and adjudicating appeals of dismissal or contract non-extension for contract teachers and administrators in Oregon's public education system, ensuring due process and fair treatment.
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