Oregon Advisory Opinions January 01, 1965: OP 5749

Advisory Opinion Text

In order for a person to act as vice principal in the public schools after July 1, 1965, he must hold an appro­priate administrative certificate as re­quired by ORS 342.140 and rules and regulations of the State Board of Edu­cation.

No. 5749 December 11, 1963 Dr. Leon P. Minear

Superintendent of Public Instruction You have asked our opinion on a prob­lem relating to the issuance of adminis­trative certificates in the public schools, as follows:

"Under existing statutes and Board regu­lations, a vice principal is not required to have an administrative certificate. Vice prin­cipals now serve in this capacity on a teacher's certificate. The question is: May a vice principal continue to use the present five-day elementary or secondary certificate in lieu of an administrative certificate after July 1, 1965, or would he be required to hold an administrative certificate in keeping with the regulations established by the Board to implement ORS 342.140?"

By chapter 439, Oregon Laws 1961, new provisions were enacted relating to issuance of teaching and administrative certificates which sections are codified as ORS 342.120 to 342.160. The former law relating to teaching and adminis­trative certificates (ORS 342.005 to 342.115) was repealed effective July 1, 1965.

ORS 342.120 defines terms as used in ORS 342.120 to 342.160 (the new law) in part as follows:

"(1) 'Administrator' includes all superin­tendents, assistant superintendents, principals, vice principals, and administrative directors in the public schools." (Emphasis supplied) ORS 342.140 provides for the issuance of administrative certificates which cer­tificate qualifies the holder to serve in any administrative assignment for which he has completed the professional re­quirements as determined by the rules and regulations of the State Board of Education.

ORS 342.130 is the only "saving clause" in the new law and states:

"Nothing in ORS 342.120 to 342.160 shall be construed to invalidate the life of any certificate or diploma in full force and effect in this state on June 30, 1965, nor to invali­date the rights and privileges granted prior to June 30, 1965, by the law and the rules and regulations of the board under which such certificate or diploma was issued." (Emphasis supplied) The instant problem to resolve is whether or not a teacher serving in a "vice principal" capacity may continue to serve in such capacity after July 1, 1965, by reason of having a "right and privilege granted * * * by the law and the rules and regulations of the board," existing prior to the enactment of chapter 439, Oregon Laws 1961.

At the outset it is to be noted that while a vice principal is specifically in­cluded as within the definition of an "administrator" under ORS 342.120, the prior law relating to issuance of admin­istrative and supervisory certificates (ORS 342.105 to 342.115) does not define or enumerate the particular school ad­ministrators who shall receive certifi­cates but rather leaves the matter to the State Board of Education to pre­scribe reasonable rules and regulations concerning minimum qualifications for all persons performing administrative or supervisory duties for school districts. The rules and regulations of the State Board of Education in effect during the past decade and relating to requirements for administrative certificates make no reference whatsoever to "vice princi­pals." (See Oregon Rules and Regula­tions governing the Certification of Teachers issued by the State Department of Education, adopted June 6, 1951, ef­fective for the school year 1962-1963, p. 40.) Accordingly it seems clear that neither the prior law (ORS 342.105) nor prior rules and regulations of the State Board of Education specifically granted a "right or privilege" to a person acting as a vice principal to receive an adminis­trative certificate or to serve in that capacity. Therefore, while a teacher may have served in some administrative capacity less than that of a principal by reason of tacit approval of the governing bodies of a school district, such teacher without receipt of an administrative certificate did not acquire a right or privilege or vested right to continue in the administrative position.

In Opinions of the Attorney General, 1950-1952, p. 269, it was held that school administrative certificates issued by the State Board of Education pursuant to prior laws and regulations are to be accepted as authority for the holders to serve in the administrative capacities designated therein for the periods named in the certificates. In the same volume, at page 403, it was also held that persons who were engaged in school adminis­trative or supervisory duties as of Au­gust 2, 1951, may continue in such capa­cities without further certificate until July 1, 1956. These opinions, however, were concerned with the interpretation of Sec. 2, chapter 642, Oregon Laws 1951 (now ORS 342.115), which permitted persons "engaged in such administrative or supervisory duties" on a particular date to continue in such capacity without certification. No such provision is con­tained in chapter 439, Oregon Laws 1961 (ORS 342.120 to 342.160). As previously noted, the sole saving clause is ORS 342.130 which limits the rights under existing certificates to "rights and privi­leges" granted by the law and rules and regulations of the state board under which such certificate or diploma was issued. Neither the statutes nor the rules and regulations of the state board recog­nize the position of vice principal under statutes and rules and regulations exist­ing prior to the enactment of the 1961 law.

Accordingly, in response to your in­quiry, it is our opinion that after July 1, 1965, a person acting as vice principal in the public schools is required to hold an appropriate administrative certificate as required by ORS 342.140 and the rules and regulations of the State Board of Education.

ROBERT Y. THORNTON, Attorney General, By E. G. Foxley, Deputy.

<>