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 Teaching License of ) FINAL ORDER OF SUSPENSION
5 DAVID A IVES )
g On November 3o, 2010, the Commission received information from Human
8 Resources Legal Counsel for the Portland Public Schools on behalf of Superintendent
9 Carole Smith regarding David Ives (Ives)_ It was reported that Ives maintained poor
1O classroom management skills and failed to disclose information on his 2004
1 1 employment application.
12 After review of the matters alleged, Ives and the Commission agree that their
13 respective interests, together with the public interest, are best served by a stipulation to
14 certain facts and the imposition of a suspension.
1 5 By signing below, Ives acknowledges, understands, stipulates, and agrees to the
16 following: (i) he has been fully advised of his rights to notice and a hearing to contest the
17 ﬁndings of fact, conclusions of law, and order set forth below, and fully and ﬁnally
18 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of
19 Facts and Final Order of Suspension (Stipulation and Final Order); (ii) this Stipulation
20 and Final Order is a public document and disclosed to the public upon request by the
21 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to
22 approval and adoption by the Commission. If the Commission does not approve and
23 adopt this Stipulation and Final Order, then neither Ives nor the Commission are bound
24 by the terms herein; (iv) he has fully read this Stipulation and Final Order, and
25 understands it completely; (v) he voluntarily, without any force or duress, enters into
26 this Stipulation and Final Order and consents to issuance and entry of the Stipulated
27 Final Order below; (vi) he states that no promise or representation has been made to
28 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an
29 attorney regarding this Stipulation and Final Order and has been fully advised with
3O regard to his rights thereto, or waives any and all rights to consult with an attorney prior
31 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated
32 Final Order below.
33 / / /
34 STIPULATION OF FACTS
35 1. David Ives has been licensed by the Commission since August 19, 2004. Ives currently
36 holds an Initial I Teaching License, with endorsements in Integrated Science (ML) and
Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION - IVES, DAVID A.

1 Multiple Subjects (MIDLVL), issued August 2o, 2007, with renewal pending the
2 outcome of this matter.
3 2. Ives was employed by the Portland Public School District from August 2004 through his
4 February 8, 2011 resignation.
5 3. On November 30, 2010, the Commission received a report from the Portland Public
6 Schools advising that Ives had demonstrated poor classroom management and that Ives
7 had been dishonest on his application for employment in 2004.
8 4. The Commission's investigation determined that Ives answered “no” to the job
9 application: “Have you ever . . . been refused continuing employment?” However, Ives
1O had been refused continuing employment by the Berkeley Hall School in California after
1 1 the 2003-2004 school year when he was not given a new contract for the 2004-2005
1 2 school year.
1 3 5. The Commission’s investigation determined that Ives had serious problems with
14 classroom management during the 2010-2011 school year at Portland Public Schools.
15 Ives is soft-spoken and has had difﬁculty controlling behavior problems in his classes.
16 Due to FI'E reductions in his building in 2009, Ives was transferred to a new school for
17 the 2009-2010 school year. Classroom management problems escalated signiﬁcantly
18 there, and the students proved to be more of a challenge for Ives. At the end of the
19 2009-2010 school year, it was determined that Ives should be placed on a Plan of
2O Assistance (POA) for the 2010-2011 school year.
21 6. The POA was developed in October 2010, but the District placed Ives on administrative
22 leave on November 12, 2010, due to concerns about student safety. The speciﬁc concerns
23 included physical altercations between students, students leaving the classroom without
24 permission, multiple calls by~ Ives to the ofﬁce for assistance, and a disproportionate
25 number of discipline referrals by Ives.
‘ 26 7. Ives resigned his employment with Portland Public Schools effective February 8, 2011.
27 / / /
28 / / /
29 IT IS SO STIPULATED:
30 E _ é Z
31 M4 7 Z 22 f Z o l l
32 David . ves Date
ii Mg Z? MZZQQ, g air-4a
35 1ctoria Chamb , ecutive Director Date
36 Teacher Standards and Practices Commission
Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION — IVES, DAVID A.

1 CONCLUSION OF LAW
2 David A. Ives answered his 2004 Portland Public Schools job application
3 untruthfully by answering “no” to the question “Have you ever . . . been refused
4 continuing employment?” This conduct constitutes gross neglect of duty in violation of
5 ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-oo1o(5)
6 (Use professional judgment) and OAR 584-02o-oo4o(4)(c) (Knowing falsiﬁcation of
7 any document or knowing misrepresentation directly related to licensure, employment,
8 or professional duties).
9 Ives’ problems with classroom management and student supervision created risk
10 to students, hindered learning, and were serious enough to constitute gross neglect of
1 1 duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR
12 584-020-001o(5) ( Use professional judgment), OAR 584-020-0020(2)(d) (Skill in the
13 supervision of students) and OAR 584-020-0025(2)(a) (Establishing and maintaining
14 classroom management that is conducive to learning).
15 The Commission’s authority to impose discipline in this matter is based upon
16 ORS 342.175.
17 / / /
1 8 ORDER
19 The Commission adopts and incorporates herein the above ﬁndings of fact and
20 conclusions of law, and based thereon, imposes a six-month suspension on David A. Ives’
21 Initial I Teaching License as follows:
22 David A. Ives’ Initial I Teaching License is hereby suspended for six (6) months
23 following the adoption of this order.
24 Furthermore, the Commission imposes a four (4) year probation upon Ives to
25 commence the date of adoption of this order and subject to the following terms and
26 conditions of probation:
Page 3 STIPULATION OF FACTS AND ORDER OF SUSPENSION — IVES, DAVID A

1 1. Ives shall comply with the Standards for Competent and Ethical
2 Performance of Oregon Educators under Oregon Administrative Rules
3 Chapter 584, Division 020.
4 2. As a condition of reinstatement, Ives will submit proof of successful
5 completion of, 0r current enrolment in, a Classroom Management course
6 from a Commission approved teacher preparation program, or an
7 alternative course, and/or from another institution, upon the pre-
8 approval of the Executive Director.
9 3. As a condition of reinstatement, Ives will submit proof of his
1O participation in, and evidence of his successful completion of a work
1 1 sample in a practicum placement in science methods from a Commission
12 approved teacher preparation program; or alternatively, Ives will provide
13 proof by validated Professional Educator Experience Report (PEER) form,
14 that he completed one hundred and twenty (120) hours of classroom
15 observations related to his ﬁeld and classroom endorsement grade level
1 6 (MIDLVL).
17 Issued and dated this it day of November, 2012.
1B TEACHER STANDARDS AND PRACTICES COMMISSION
19 STATE OF GON
2° W
21 By
22 Victoria Chamber ain, ecutive Director
Page 4 STIPULATION OF FACTS AND ORDER OF SUSPENSION — IVES, DAVID A.