ORS § 342.610

Current through 2024 Regular Session legislation effective June 6, 2024

Section 342.610 - Minimum salary for substitute teachers

(1)

(a) A teacher employed as a substitute teacher may not be paid less per day than 85 percent of 1/190th of the statewide average salary of a beginning teacher who holds a bachelor's degree.

(b) The Department of Education shall compute the statewide average salary of a beginning teacher who holds a bachelor's degree to be used for purposes of this subsection by:

(A) Using the latest data available to the department; and

(B) Not using data from earlier than the preceding school year.

(2) A school district shall set the working hours for a substitute teacher and, when a teacher is employed as a substitute teacher for the school district, the school district shall pay the substitute teacher a salary that is:

(a) No less than one-half of the daily minimum salary computed under subsection (1) of this section if the teacher is employed as a substitute teacher for one-half day or less than one-half day; or

(b) No less than the daily minimum salary computed under subsection (1) of this section if the teacher is employed as a substitute teacher for more than one-half day .

(3)

(a) Notwithstanding subsection (1) of this section, a teacher employed as a substitute teacher for more than 10 consecutive days in any one assignment for the same teacher shall not be paid after the 10th day of the assignment less per day than:

(A) For school districts with no salary scale, 100 percent of 1/190th of the statewide average salary computed in subsection (1) of this section; or

(B) For school districts with a salary scale, the higher of:

(i) 1/190th of the employing school district's salary for a beginning teacher who holds a bachelor's degree; or

(ii) The daily minimum salary computed under subsection (1) of this section.

(b) Used sick leave, whether paid or unpaid, and weekends, school holidays and days when schools are closed by weather or other conditions and when substitute teachers are not required to appear in person at the school may not be considered in determining consecutive days for purposes of this subsection.

(c) When substituting for a part-time teacher, the part of the day worked by the substitute teacher shall count as a full day in determining consecutive days for purposes of this subsection.

(4) Notwithstanding subsections (1) and (3) of this section, if a school district has a class schedule based on a four-day week:

(a) The daily minimum salary computed under subsection (1) or (3) of this section must be multiplied by 1.125; and

(b) Calculations described in subsection (3) of this section must be made after a teacher has been employed as a substitute teacher for more than eight consecutive days in any one assignment for the same teacher.

(5)

(a) A school district shall classify a substitute teaching assignment as a temporary position when the school district determines that a teacher will be employed as a substitute teacher for 60 or more consecutive days in any one assignment for the same teacher.

(b) The designation under paragraph (a) of this subsection must occur either:

(A) At the beginning of the substitute teaching assignment; or

(B) As soon as practicable, but no later than 10 consecutive days, after the school district determines that a substitute teaching assignment will be extended to 60 or more consecutive days.

(c) If a school district has a class schedule based on a four-day week, the school district shall:

(A) Classify a substitute teaching assignment as a temporary position when the school district determines that a teacher will be employed as a substitute teacher for 48 or more consecutive days in any one assignment for the same teacher; and

(B) Make the designation described in paragraph (b)(B) of this subsection when the school district determines that a teacher will be employed as a substitute teacher for 48 or more consecutive days in any one assignment for the same teacher.

(d) Nothing in this subsection prohibits a school district from making the classification required under paragraph (a) or (c) of this subsection after fewer consecutive days.

(6) A teacher employed by a school district as a substitute teacher shall be paid for any training that is required for that teacher to apply for or be assigned to a substitute teaching assignment.

(7) This section does not apply to substitute teachers represented in a bargaining unit in the school district by which they are employed.

ORS 342.610

Amended by 2024 Ch. 95,§ 48, eff. 4/4/2024.

Amended by 2023 Ch. 592, § 24, eff. 7/31/2023.

Amended by 2015 Ch. 71, § 1, eff. 7/1/2015.

Amended by 1955 c.130 §1; 1957 c.262 c.1; 1965 c.100 §377; 1967 c.625 §1; 1971 c.536 §1; 1977 c.531 §1; 1979 c.167 §1; 1987 c.402 §1; 1991 c.198 §1; 1995 c.793 §1; 1999 c.706 §1

Sections 21 and 22, chapter 592, Oregon Laws 2023, provide:

Sec. 21. Task Force on Substitute Teachers. (1) The Task Force on Substitute Teachers is established.

(2) The task force consists of 12 members appointed as follows:

(a) The President of the Senate shall appoint two members from among members of the Senate.

(b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives.

(A) One member who is a representative of an association that primarily represents licensed educators;

(B) One member who is a representative of an organization that represents substitute teachers;

(D) One member who is a representative of an association that represents school boards;

(E) One member who is a representative of an organization that represents education service districts;

(F) One member who is a representative of a third-party employment service provider for substitute teachers;

(G) One member who is a representative of the Teacher Standards and Practices Commission; and

(H) One member who is a representative of the Department of Education.

(3) The task force shall:

(a) Review school district requests for proposal related to substitute teachers;

(b) Conduct a cost savings analysis of providing substitute teachers through third-party employment service providers;

(c) Examine policies in other states related to the use of third-party employment service providers for substitute teachers;

(d) Explore a model that provides the services of substitute teachers through education service districts;

(e) Explore processes that ensure substitute teachers are provided access to electronic mail and Internet service, as is necessary for their service as a substitute teacher;

(f) Establish a model policy for ensuring that substitute teachers are supervised by licensed administrators; and

(g) Develop recommendations for legislation related to standards for contracts for substitute teachers through third-party employment service providers.

(4) A majority of the voting members of the task force constitutes a quorum for the transaction of business.

(5) Official action by the task force requires the approval of a majority of the voting members of the task force.

(6) The task force shall elect one of its members to serve as chairperson.

(7) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(8) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.

(9) The task force may adopt rules necessary for the operation of the task force.

(10) The task force shall submit a report in the manner provided by ORS 192.245, and may include recommendations for legislation, to an interim committee of the Legislative Assembly related to education no later than September 15, 2024.

(11) The Legislative Policy and Research Director shall provide staff support to the task force.

(12) Members of the Legislative Assembly appointed to the task force are nonvoting members of the task force and may act in an advisory capacity only.

(13) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

(14) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of the duties of the task force and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties. [2023 c. 592, § 21]

Sec. 22. Repeal. Section 21 of this 2023 Act is repealed on December 31, 2024. [2023 c. 592, § 22]