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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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OREGON DEPARTMENT OF EDUCATION,
FAIR DISMISSAL APPEALS BOARD

 

DIVISION 10

POLICY

586-010-0005

Purpose

The purpose of these rules is to implement and give effect to the provisions of state law and to facilitate the organization and operation of the Fair Dismissal Appeals Board.

Stat. Auth.: ORS 183
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1985, f. 3-25-85, ef. 3-27-85

 

586-010-0010

Membership

Members shall be appointed by the Governor, as provided in ORS 342.930.

Stat. Auth.: ORS 342
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1985, f. 3-25-85, ef. 3-27-85

 

586-010-0015

Officers

The officers of the Board shall be chairperson and vice-chairperson:

(1) The vice-chairperson succeeds to the chairperson.

(2) The vice-chairperson position shall rotate each year in the order of teacher, board member, non-affiliated member, and administrator.

(3) Each year the vice-chairperson shall be nominated by a chairperson-appointed three member nominating committee made up of Board members from the members not eligible to serve that year.

(4) The vice-chairperson shall be elected at the annual October meeting by a simple majority of the members present and voting. The term of office shall be from the annual October meeting to the next October annual meeting.

(5) New officers shall be installed at the close of the annual meeting at which they were elected.

Stat. Auth.: ORS 342.805 - 342.934
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1982, f. & ef. 4-13-82; FDA 1-1992, f. & cert. ef. 3-5-92

 

586-010-0020

Board Chairperson

The Board chairperson shall be eligible to vote on all motions.

Stat. Auth.: ORS 183 & 342.805 - 342.934
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1985, f. 3-25-85, ef. 3-27-85; FDA 1-1992, f. & cert. ef. 3-5-92

 

586-010-0025

Board Meetings

The Board shall hold public meetings at such times and places as are specified by the chairperson, or at the request of five members of the Board. Seventy-two hour notice of the time and place of each meeting shall be given to each member and the general public. Notice to the general public shall be made by telephone to the Associated Press at least 48 hours prior to the meeting of the Board. A majority of the members of the Board shall constitute a quorum for doing business. The notice shall state if the meeting is to be held by telephone or other means of voice transmission and a location where members of the public may listen to the meeting.

Stat. Auth.: ORS 183 & 342.805 - 342.93
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1985, f. 3-25-85, ef. 3-27-85; FDA 1-1992, f. & cert. ef. 3-5-92

 

586-010-0030

Annual Meetings

The Board shall hold one regular meeting each year, at the State Department of Education in Salem, beginning at 9 a.m. on the fourth Monday in October.

Stat. Auth.: ORS 183 & 342.805 - 342.934
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1985, f. 3-25-85, ef. 3-27-85; FDA 1-1990, f. 8-29-90, cert. ef. 10-1-90; FDA 1-1992, f. & cert. ef. 3-5-92

 

586-010-0035

Record of Meetings

The minutes of all meetings and proceedings of the Board shall be prepared and maintained by the executive secretary and shall be approved by the Board. Minutes of the Board shall be available for inspection by any person at the office of the executive secretary during regular business hours. Copies may be obtained upon written request to the executive secretary.

Stat. Auth.: ORS 183
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1985, f. 3-25-85, ef. 3-27-85

 

586-010-0040

Official Records

The official records of the Fair Dismissal Appeals Board shall be maintained in the office of the executive secretary. The executive secretary shall be the custodian of records.

Stat. Auth.: ORS 183
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1985, f. 3-25-85, ef. 3-27-85

 

586-010-0045

Executive Secretary

The Superintendent of Public Instruction shall appoint an executive secretary from the staff of the State Department of Education who will serve as administrative officer. The executive secretary shall serve at the pleasure of the Board.

Stat. Auth.: ORS 183 & 342.805 - 342.934
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1985, f. 3-25-85, ef. 3-27-85; FDA 1-1992, f. & cert. ef. 3-5-92

 

586-010-0050

Adoption and Amendment of Rules

Board rules shall be adopted and amended in conformance with provisions of ORS Chapter 183.

Stat. Auth.: ORS 183
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1985, f. 3-25-85, ef. 3-27-85

 

586-010-0055

Parliamentary Procedure

Roberts Rules of Order shall be the parliamentary procedure for the conduct of all meetings of the Board except as amended by these policies.

Stat. Auth.: ORS 342
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 6-1980, f. 10-31-80, ef. 11-3-80

586-010-0060

Compensation and Expenses of Board

Members shall be entitled to compensation and travel expenses as provided in ORS 292.495 in the performance of their duties pursuant to the Fair Dismissal Law. Such expenses shall be paid upon submission of signed vouchers furnished by the State Department of Education and shall be billed to the appropriate district school board or the State Department of Education as provided in ORS 292.495 or 342.930(5).

Stat. Auth.: ORS 342.805 - 342.934
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 14, f. 3-3-77, ef. 3-5-77; FDA 1-1985, f. 3-25-85, ef. 3-27-85; FDA 1-1992, f. & cert. ef. 3-5-92

586-010-0065

Expenses for Professional and Other Special Assistance

The Board shall be furnished by the State Department of Education at the Department's expense appropriate professional and other special assistance reasonably required in the performance of the Board's duties.

Stat. Auth.: ORS 342.805 - 342.934
Stats. Implemented:
Hist.: FDA 2(Temp), f. & ef. 1-4-74; FDA 4, f. 3-11-74, ef. 4-11-74; FDA 1-1985, f. 3-25-85, ef. 3-27-85; FDA 1-1992, f. & cert. ef. 3-5-92

586-010-0070

Fair Dismissal Appeals Board Case Digest, Completion, and Distribution

(1) The Board's case record for every case filed under the Fair Dismissal Law and Accountability to Schools for the 21st Century Law, shall include the notice of appeal, every order and ruling issued in the case by the panel appointed for the case and a copy of every appellate court decision issued upon judicial review of any order in the case.

(2) The Executive Secretary shall furnish to each new board member, within 30 days after Senate confirmation, a cumulative list of appeals to the Board since enactment of the Fair Dismissal Law and Accountability to Schools for the 21st Century Law showing the name of each case, the docket number of the case and the date the appeal was filed; a copy of all orders issued in each case; and a copy of all appellate court decisions issued upon judicial review of any order in a case. An up-to-date cumulative list of appeals shall be prepared annually by the Executive Secretary and furnished to each member of the Board. A copy of every newly issued order or appellate court decision issued in any case filed with the board shall be furnished to each member of the board. A copy of every newly issued order or appellate court decision issued in any case filed with the Board shall be furnished by the Executive Secretary to each member of the Board within 30 days after issuance of the order or decision.

(3) The Executive Secretary shall compile and distribute to each Board member at least annually annotations, digests or synopses of decisions in Board cases to assist panels in adjudication of cases heard by them.

Stat. Auth.: ORS 183 & 342
Stats. Implemented: ORS 864, OL 1997
Hist.: FDA 1-1991, f. 3-27-91, cert. ef. 3-28-91; FDA 1-1997(Temp), f. & cert. ef. 12-15-97 thru 6-13-98; FDAB 1-1998, f. & cert. ef. 6-4-98

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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