1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the ) STIPULATION OF FACTS AND
4 Charter School Registration of ) FINAL ORDER OF SUSPENSION
5 NANCY ANN HINDERKS ) OF RIGHT TO APPLY
e75 On or about June 10, 2008, the Teacher Standards and Practices Commission
8 (Commission) received a report from the North Santiam School District indicating
9 possible inappropriate conduct by Nancy Ann Hinderks (Hinderks) during the
10 administration of a statewide test.
1 1 After review of the matters alleged, Hinderks and the Commission agree that
12 their respective interests, together with the public interest, are best served by a
13 stipulation to certain facts and the imposition of a six month suspension.
14 By signing below, Hinderks acknowledges, understands, stipulates, and agrees to ‘i
15 the following: (i) she has been fully advised of her rights to notice and a hearing to
16 contest the findings of fact, conclusions of law, and order set forth below, and fully and
17 finally waives all such rights and any rights to appeal or otherwise challenge this
i 18 Stipulation of Facts and Final Order of Suspension (Stipulation and Final Order); (ii) this
i 19 Stipulation and Final Order is a public document and disclosed to the public upon
1 20 request by the Commission; (iii) this Stipulation and Final Order is contingent upon and
1 21 subject to approval and adoption by the Commission. If the Commission does not
j 22 approve and adopt this Stipulation and Final Order, then neither Hinderks nor the
i 23 Commission are bound by the terms herein; (iv) she has fully read this Stipulation and
‘ 24 Final Order, and understands it completely; (v) she voluntarily, without any force or
25 duress, enters into this Stipulation and Final Order and consents to issuance and entry of
1 26 the Stipulated Final Order below; (vi) she states that no promise or representation has
j 27 been made to induce her to sign this Stipulation and Final Order; and (vii) she has
i 28 consulted with an attorney regarding this Stipulation and Final Order and has been fully
3 29 advised with regard to her rights thereto, 0r waives any and all lights to consult with an
3O attorney prior to entering into this Stipulation and Final Order and issuance and entry of
31 the Stipulated Final Order below.
‘ 32 ///
33 / / /
34 / / /
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Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION OF RIGHT TO APPLY- HINDERKS,
NANCY ANN

1 STIPULATION OF FACTS
2 1. The Commission has licensed Nancy Ann Hinderks since July 5, 1989. Hinderks‘
3 current Basic Teaching License with an endorsement in basic elementary
4 education, issued on December 7, 2008, expired on December 6, 2011. During all
5 relevant times Hinderks worked as a teacher with North Santiam School District.
6 2. On May 9, 2008, Hinderks administered the Oregon Assessment of Knowledge
7 and Skills (OAKS) test in her classroom. During the administering of this exam
8 Hinderks allowed students t0 access non-allowable materials. Hinderks had
9 signed the Assurance of Test Security form prior t0 administering the test.
10 3. At the time Hinderks administered this OAKS test she was on a plan of assistance
1 1 with the district and her student's tests scores were an issue related to her
1 2 effectiveness as a teacher. Hinderks denies this was a factor in her choice of
13 materials she allowed students to use during the test in question.
14 / / /
15 IT IS SO STIPULATED:
16 2. t _
17 10 - / — 4 &
18 Nan ‘ n Hinderks / ~ Date
19 a , / - 1
20 . C M - 1.142%” aw/ ML
21 Victoria Chamberlain, Executive Director Date
22 Teacher Standards and Practices Commission
23 / / / .
24 CONCLUSION OF LAW
25 Nancy Ann Hinderks provided impermissible (Materials) assistance to students
26 during the administration of the OAKS test. This constitutes gross neglect of duty in
27 violation of ORS 342.175(1)(b); OAR 584-02o-oo4o(4)(n) as it incorporates OAR 584-
28 o20-001o(5) (Use professional judgment), OAR 584-020-001o(2)(Encourage
29 scholarship), and OAR 584-020-0015(2)(a)(Use of state and district adopted
30 curriculum and goals).
31 The Commission's authority to impose discipline in this matter is based upon
32 ORS 342.175.
. Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION- HINDERKS, NANCY ANN
l

‘ 1 ORDER

2 Based 0n the foregoing, the Commission hereby orders as follows:

3 Nancy Ann Hinderks’ Right to Apply for her Basic Teaching License is hereby

4 suspended for six months.

5 Issued and dated this g i day of November, 2012.

6 TEACHER STANDARDS AND PRACTICES COMMISSION

7 STATE OF REGON

8 -

9 By M)

1O Victoria Chamber a1 , cutive Director

Page 3 STIPULATION OF FACTS AND ORDER OF SUSPENSION OF RIGHT TO APPLY- HINDERKS,
NANCY ANN