Oregon Education Ass'n v. Eugene School District No. 4J

This case is here for the second time. Oregon Education Association (OEA) appeals from an order of the Teacher Standards and Practices Commission (TSPC) assessing a $75,000 forfeiture of state basic school support funds against Eugene School District No. 4J for employing “non-certificated” teachers in violation of ORS 342.173. In fixing the amount of the penalty, TSPC reduced the forfeiture from a potential full daily salary forfeiture of $176,628.75 pursuant to the 1979 version of ORS 342.173. See Or Laws 1979, ch 307, § 2, subsequently amended by Or Laws 1981, ch 663, § 4(3).

On appeal, OEA…