Teacher Who Serves as Part-Time Athletic Director Loses FDAB Protections

The Oregon Court of Appeals today rejected an appeal by a terminated Athletic Director at the Riverdale School District. The decision in Edwards v. Riverdale School District appears to limit the rights of teachers who serve as Athletic Directors for public school districts. Apparently, Mr. Edwards served as a teacher for several years and then received a "promotion" to Athletic Director at 3/4 time. His remaining 1/4 of time was continuing as a teacher. Subsequently, he was terminated by the District. The District treated him as a probationary administrator because he had not served three years in that position. As a result, they summarily terminated him without the procedures that are required for non-probationary terminations under the Fair Dismissal Statute. Edwards took the position that he was not an administrator, therefore still a teacher, and protected by the Fair Dismissal statute as it applies to contract teachers -- which he had been prior to being "promoted." The Fair Dismissal Appeals Board (FDAB) agreed with Edwards. However, the Court of Appeals reversed and found that Athletic Directors are, in fact, administrators.

This decision illustrates the fact that a teacher who agrees to be an administrator, as long as its over half of their work, loses the statutory protections of the FDAB statute. They only regain those protections following three more years of probation.