l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the Educator ) DEFAULT ORDER OF 5 License of ) PUBLIC REPRIMAND 6 TAMERA MARIE SOMERS ) AND PROBATION 7 8 9 On May 29, 2015, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice 0f Opportunity for Hearing to Tamera Marie Somers (Somers) in which the l 1 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First 12 Class Mail and U.S. Certified Mail Receipt 7014 0150 0000 1046 5796 to the address on file l3 with the Commission. The Notice designated the Commission file as the record for purposes l4 of proving a prima facie case. The Certified Mail receipt was returned to the Commission 15 “signed” on June 3, 2015. The first class mail was not returned t0 the Commission. The l6 Notice of Opportunity of Hearing, dated May 29, 2015, and signed by Victoria Chamberlain, l7 Executive Director, stated: l8 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED 20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU 22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER 23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF 24 YOUR LICENSE OR OTHER DISCIPLINE.” 25 26 Somers did not request a hearing. The Commission, therefore, finds Somers to be in default 27 and enters the following findings of fact, conclusions 0f law, and final order, based on the 28 files and records of the Commission concerning this matter. 29 FINDINGS OF FACI‘ 30 1. Somers has been licensed by the Commission since July 2o, 2004. Somers holds an 31 Initial II Teaching License, with endorsements in Multiple Subjects Self-Contained 32 _ (ECE, ELE) and Special Education (ECE/ELE L), valid from July 19, 2014, through 33 July 18, 2017. During all relevant times, Somers was employed by the Coos Bay 34 School District. 35 2. On May 9, 2013, the Commission received a report from the Coos Bay School District 36 indicating Somers had violated professional standards involving testing improprieties in 37 the course of administering an Oregon Assessment of Knowledge and Skills (OAKS) test. PAGE 1-DEFAULT ORDER OF REPRIMAND WITH PROBATION- TAMERA MARIE SOMERS 1 District and Commission investigations determined that on or about April 24, 2013, Somers 2 improperly assisted students taking the OAKS, grade 3 math test in violation of testing 3 protocols. Specifically, Somers improperly and repeatedly assisted students by verbally and 4 non-verbally coaching students. Investigation determined Somers had been properly 5 trained to administer the test, and Somers had signed the “Test Administrator Assurance of 6 Test Security” form indicating Somers understood testing protocol and requirements. As a 7 result of Somers’ actions, all involved students had their test scores invalidated. Due to 8 documented medical issues, Somers was unable to recall the events of the April 24, 2013, 9 incident. On June 12, 2014, Somers resigned her employment with the Coos Bay School 10 District. 1 1 CONCLUSIONS OF LAW 12 Tamera Marie Somers engaged in unprofessional conduct as described above. This 13 conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020- 14 oo4o(4)(n) as it incorporates OAR 584-020-0010(2)(Encourage scholarship), OAR 584- 15 020-001o(4)(Raise educational standards), OAR 584-020-0010(5) (Use professional 16 judgment), OAR 584-020-0025(2)(e) (Using district lawful and reasonable rules and 17 regulations); and OAR 584-020-004o(4)(o) as it incorporates OAR 584-020- 18 0035(3)(a)(Maintain the dignity of the profession by respecting and obeying the law, 19 exemplifying personal integrity and honesty). 20 21 The Commission’s authority to impose discipline in this matter is based upon ORS 22 342.175. 23 FINAL ORDER 24 The Commission hereby issues a Public Reprimand upon Tamera Marie Somers’ 25 Educator licensure, and places Somers on probation for a period of four (4) years from the 26 date 0f this order. This probation period is subject to the following terms and conditions: 27 1. Somers shall comply with the Standards for Competent and Ethical Performance 28 of Oregon Educators under Oregon Administrative Rules Chapter 584, Division 29 020. PAGE 2-DEFAULT ORDER OF REPRIMAND WITH PROBATION- TAMERA MARIE SOMERS 1 Violation of any term or condition of probation shall constitute an independent basis 2 for the Commission t0 revoke Somers’ teaching license or otherwise impose discipline, after 3 first providing Somers with notice and opportunity for hearing. 4 5 - [13/ 6 1r 1s so ORDERED THIS L3 , day ofAugust, 2015. 7 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 By: v 10 Victoria Chamberlain, Executive Director l l l2 NOTICE OF APPEAL OR RIGHTS l3 14 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW 15 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM l6 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE 17 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 3-DEFAULT ORDER OF REPRIMAND WITH PROBATION—- TAMERA MARIE SOMERS 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 t0: Tamera Marie Somers PO Box 892 Gold Beach, OR 97444-0892 . r0/V Dated this (lg ' day of August, 2015. . ,2 7 . ) .. » 7 7' By: / ' Pa i dell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING— TAMERA MARIE SOMERS