l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) PUBLIC REPRIMAND 6 JAN ELLEN TATYREK ) 7 8 9 On April 15, 2010, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Jan Ellen Tatyrek (Tatyrek) 11 in which the Commission charged her with Gross Neglect of Duty pursuant to OAR 584- 12 020-0010(5), OAR 584-020-0025(2)(e), and OAR 584-020-0040(4)(c). The Notice was 13 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7009 1410 0002 1925 14 4768 to the address on file with the Commission. The certified mail was signed for on 15 April 16, 2010. The Notice of Opportunity of Hearing, dated April 15, 2010, and signed 16 by Victoria Chamberlain, Executive Director, stated: 17 “If a request for hearing is not received within this 21 day period, your right to a 18 ‘hearing shall be considered waived unless your failure to request a hearing was 19 beyond your reasonable control. lf you do not request a hearing or if you fail to 20 appear at a hearing, the Commission will adopt an order of default which may 21 include the revocation or suspension of your license or other discipline." 22 23 Ms. Tatyrek did not request a hearing. The Commission, therefore, finds Ms. 24 Tatyrek to be in default and enters the following findings of fact, conclusions of law and 25 order, based on the files and records of the Commission concerning this matter. 26 FINDINGS 0F FACT 27 1. Ms. Tatyrek has been licensed as a teacher in Oregon since October 8, 1985. Her 28 current Standard Teaching license, issued on September 8, 2004, expired on July 10, 29 2009. During all relevant times, she was employed by the Hood River County School 3O District. 31 2. On January 22, 2008, Tatyrek changed the dates on old lEP reports for two students in 32 the district, circumventing the requirement that the building principal be in attendance at 33 those lEP meetings. The older lEP report pages that Tatyrek submitted with the PAGE 1-DEFAULT ORDER OF PUBLIC REPRIMAND -TATYREK, JAN ELLEN 1 updated IEP report contained the signature of the building principal, which you had not 2 obtained for the January 22,2008, lEP reports. 3 3. Following the January 22, 2008, incident, Tatyrek was placed on a plan of assistance by 4 the district to address such behavior. On August 22, 2008, Tatyrek again changed the 5 dates of an older lEP form to circumvent the need to obtain the signature of the building 6 principal as an attendee at an lEP meeting. 7 /l/ 8 CONCLUSIONS OF LAW 9 Jan Ellen Tatyrek's failure to follow district procedures in preparing IEPs and 10 forging the signature of her Principal constitutes gross neglect of duty in violation of 11 ORS 342.175(1)(b); OAR 584-020-0040(4)(c) (Knowing falsification of any document or 12 knowing misrepresentation directly related to licensure, employment, or professional 13 duties), OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use 14 professional judgment), OAR 584-020-0025(2)(e) (Using district lawful and reasonable 15 rules and regulations). The Commission's authority to impose discipline in this matter is 16 based upon ORS 342.175. 17 FINAL ORDER 18 The Commission hereby imposes a Public Reprimand on Jan Ellen Tatyrek's 19 educator license. 1 w 20 IT IS SO ORDERED THIS day of August, 2010. 21 TEACHER STANDARDS AND PRACTICES COMMISSION 22 . 23 24 - M 25 Victoria Chamberlain, Executive Director 26 27 28 NOTICE OF APPEAL OR RIGHTS 29 30 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 31 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 32 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS 33 OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF PUBLIC REPRIMAND - TATYREK, JAN ELLEN CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to: Jan Ellen Tatyrek PO Box 1061 lb Hood River OR 97031 ma Dated this day of June, 2011. l l By: g gflMWJ Melo Hans Exec tive Assi n PAGE 1- CERTIFICATE OF MAILING—TATYREK, JAN ELLEN