Smith v. Salem-Keizer School District

Petitioner seeks judicial review of an order of the Fair Dismissal Appeals Board (FDAB). FDAB dismissed petitioner’s appeal of his termination on the ground that FDAB did not have jurisdiction, because petitioner was a probationary teacher whose procedural rights were limited to a school board hearing. The issue in this case is whether FDAB erred, as a matter of law, by concluding that petitioner was a probationary teacher with limited appeal rights rather than a contract teacher with contested case hearing rights. We reverse and remand.

The parties stipulated to the facts and FDAB accepted…