1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER 5 Charter School ) THIRTY (30) DAY 6 Registry of ) SUSPENSION OF 7 SHANNON LEE POWELL ) CHARTER SCHOOL REGISTRY 8 9 On June 26, 2012, the Teacher Standards and Practices Commission (Commission) I 10 issued a Notice of Opportunity for Hearing to Shannon Lee Powell (Powell) in which the I 1 1 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class 12 Mail and U.S. Certified Mail Receipt 7010 2780 0000 2187 2579 to the address on file with the 13 Commission. The Notice designated the Commission file as the record for purposes of proving a 14 prima facie case. The Certified Mail was signed for on June 27, 2012. The regular mail was not 15 returned to the Commission. The Notice of Opportunity of Hearing, dated June 26, 2012, and 16 signed by Victoria Chamberlain, Executive Director, stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR l9 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 2O IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A . 21 HEARING, THE COMMISSION WILL ADOPT AN ORDER OF DEFAULT WHICH MAY ‘ 22 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER i 23 DISCIPLINE.” 24 25 Powell did not request a hearing. The Commission, therefore, finds Powell to be in default and 26 enters the following findings of fact, conclusions of law and order, based on the files and records 27 of the Commission concerning this matter. 28 FINDINGS OF FACI‘ 29 1. Powell has been licensed as a teacher in Oregon since April 7, 20 08. Her current Charter 30 School Registration with an endorsement in Multiple Subjects Self-Contained (ECE, ELE) 31 issued January 6, 2012, expires 0n January 6, 2015. During all relevant times, Powell was 32 employed by the Eugene 4 J School District. 33 2. On December 19, 2011, Powell was referred to investigations for teaching without a license or 34 registration. The Commission conducted an investigation and learned that Powell’s original Charter 35 School Registration had been scheduled to expire on April 7, 2011. Powell submitted an application 36 for renewal 0n January 28, 2011. The Commission evaluated Powell’s application and sent notice to 37 Powell that her application was incomplete. Powell was informed that she needed to complete and 38 pass the Civil Rights exam before August 5, 2011 (this included her standard grace period if needed). 39 Powell failed to take and pass the test until the end of November 2011. As a result, Powell's charter 40 school registry expired on April 7, 2011; Powell’s grace period expired on or about August 5, 2011. PAGE 1-DEFAULT ORDER OF (30) THIRTY DAY SUSPENSION OF CHARTER SCHOOL REGISTRATION — POWELL, SHANNON LEE 1 Powell failed to renew her registration until January 2012. Powell continued to teach without a valid I 2 license or registration from August 2011 until January 2012, a period of over five months. I 3 CONCLUSIONS OF LAW 4 Powell’s conduct described above, constitutes gross neglect of duty in violation of ORS 5 342.175(1)(b); OAR 584-o2o-oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use 6 professional judgment); OAR 584-020-0040(4)(r) (Knowingly working without a license); and 7 OAR 584-050-0006(f) (The applicant has served in violation of OAR 584-050-0035 Must be 8 Licensed, Registered 0r Certified at All Times While Employed). 9 The Commission’s authority to impose discipline in this matter is based upon ORS 10 342.175. 1 l FINAL ORDER 12 The Commission hereby suspends Shannon Lee Powell’s Charter School Registration for 13 a period of thirty (30) days, to begin upon the date this order is signed and in effect. 14 rr 1s so ORDERED THIS I ‘I day of November, 2012. 15 TEACHER STANDARDS AND PRACTICES COMMISSION 1 6 17 I 18 By: I 19 Victoria Chamberlain, Executive Director 20 2 1 22 23 NOTICE OF APPEAL OR RIGHTS 24 25 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 26 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 27 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 28 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER OF (30) THIRTY DAY SUSPENSION OF CHARTER SCHOOL REGISTRATION — POWELL, SHANNON LEE CERTIFICATE OF MAILING 1 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: Shannon Lee Powell 48 W 26th Ave Eugene, 0R 97405 Dated this é i day of October, 2012. Cristina gar Investigator I I PAGE 1- CERTIFICATE OF MAILING— POWELL, SHANNON LEE