‘ BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the Case No. 1 15891 Teaching License of 4 STIPULATION AND REVOCATION OF 5 LARRY ALAN STRAUSS l RIGHT TO APPLY 6 The Teacher Standards and Practices (Commission) issued a Notice of Opportunity for 7 Hearing on March 12, 2004, t0 Larry Alan Strauss. The Notice was subsequently amended 0n 8 June 4, 2004. Mr‘ Strauss requested a hearing, and the case was assigned to Administrative Law 9 Judge, Catherine Coburn and scheduled for a hearing on November 15, 2004. After a review of 10 the matters alleged, the Commission and Mr. Strauss have agreed that their respective interests, 11 together with the public interest, are best served by a stipulation to certain facts and the revocation of Mr‘ Strauss’s right to apply for a teaching license. Q In entering into this stipulation, Mr. Strauss waives his right to a hearing and understands 14 that the Commission will revoke his right to apply for a teaching license. This stipulation and 15 proposed order are contingent on approval by the fiill Commission. If the Commission does not 16 approve this stipulation and order, it is understood that any waiver of rights by Mr. Strauss is 17 therefore revoked. It is further understood that the statements contained in this stipulation may 18 not be used by either the Commission or Mr. Strauss for any reason if the Commission fails to 19 approve the stipulation and proposed order. 20 21 STIPULATION OF FACTS 22 Mr. Strauss and the Commission stipulate as follows: ‘3 Page l — STIPULATION AND ORDER - LARRY ALAN STRAUSS — GENK8111..dQc ‘ l. Mr. Strauss held an Oregon Transitional Teaching License from October 26, 2000 2 to October 26, 2003 when the license expired. The license carried an endorsement in special 3 education. 4 2. Mr. Strauss was employed as a special education teacher in a Life Skills 5 classroom at the Valor Middle School in Woodburn School District during the 2001-02 and 6 2002-03 school years‘ He resigned from his teaching position on February 28, 2003. 7 3. Mr‘ Strauss was in charge a classroom that consisted of students with severe 8 mental and physical disabilities. 9 4. The Commission finds that on January 14, 2003, Mr. Strauss used unreasonable 10 physical force towards a middle school student in his classroom by slapping the student across ll the face on two separate occasions. Mr. Strauss denies that he slapped the student or that the force he did use was unreasonable, but he acknowledges that there is sufficient evidence in the ‘3 record for the Commission to make this finding and stipulates that the Commission may do so. l4 5. Mr. Strauss failed to establish and maintain adequate management of his 15 classroom at the Valor Middle School during the 2001-02 and 2002-03 school years. Mr‘ Strauss l6 denies that he failed to establish or maintain adequate classroom management, but he 17 acknowledges that there is sufficient evidence in the record for the Commission to make this 18 find" and stipulates that the Commission may do so. 19 ,J.‘ i ii ‘A r.“ ‘NFL/TL‘ gm uss . Date 20 ,4 l / all/1224M / 4-2672! 21 Victoria Cham erlain, Executive Director Date Teacher Standards and Practices Commission 22 i f Page 2 - STIPULATION AND ORDER ~ LARRY ALAN STRAUSS — GENK8111..doc ‘ CONCLUSIONS OF LAW 2 1. Mr. Strauss used unreasonable physical force towards a middle school student by 3 slapping the student on two separate occasions on January l4, 2003. This conduct constitutes 4 gross neglect of duty in violation of OAR 5 84-020-0040(4)(d). 5 2. During Mr. Strauss’s teaching experience at Valor Middle School, he failed to 6 establish and maintain adequate management of his Life Skills classroom. This failure 7 constitutes gross neglect of duty in violation of OAR 584-020-0040(4)(n) as that rule 8 incorporates OAR 584-020-0020(2)(d) and 584-020-0025(2)(a). 9 ORDER 10 Based on the foregoing, the Commission revokes the right of Larry Alan Strauss to apply for 11 an Oregon Teaching License. q IT IS SO ORDERED this 4 5 day of January 2005. l4 TEACHER STANDARDS AND PRACTICES COMMISSION l 5 16 BYI W 17 Victoria Cham 'n, Executive Director l 8 19 20 21 22 ‘t Page 3 - STIPULATlON AND ORDER — LARRY ALAN STRAUSS e GENK81] l..doc