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SMITH v. SALEM-KEIZER SCHOOL DIST.

01-3; A117703

71 P.3d 139 (2003)

188 Or. App. 237

Robert SMITH, Petitioner, v. SALEM-KEIZER SCHOOL DISTRICT and Fair Dismissal Appeals Board, Respondents.

Court of Appeals of Oregon.

Decided June 12, 2003.

Attorney(s) appearing for the Case

John S. Bishop II, Portland, argued the cause for petitioner. On the briefs were Elizabeth A. McKanna, Elizabeth A. Joffe, and McKanna Bishop Joffe.

Nancy Hungerford, Oregon City, argued the cause for respondent Salem-Keizer School District. With her on the brief were Jennifer L. Hungerford and The Hungerford Law Firm.

Richard D. Wasserman, Salem, waived appearance for respondent Fair Dismissal Appeals Board.

Before LANDAU, Presiding Judge, and ARMSTRONG and WOLLHEIM, Judges.

WOLLHEIM, J.

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...

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