1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the |

5 Teaching License of | DEFAULT ORDER

6 KELLY FRANCIS SCHERBARTH | SUSPENDING LICENSE

7 |

8

9 On or about September 8, 2000, the Teacher Standards and Practices Commission received a
10 complaint from the Hermiston School District No. 8R, indicating that Kelly Scherbarth had
11 violated her contract by failing to provide 60 days’ written notice prior to resignation. Under
12 OAR 584-050-0020, the Commission informs the educator 0f intent to suspend the license on the
13 basis of such complaints. The Executive Director took action to notify Kelly Scherbarth of intent
14 to suspend her license, and to inform her of her opportunity for hearing by letter dated October
15 18, 2000. The letter was sent by Certified Mail—Return Receipt Requested #Z 204 897 169.
16 The receipt was signed by Kelly Scherbarth on November l4, 2000, and returned to TSPC on
17 November 20, 2000. Kelly Scherbarth did not request a hearing.
18
19 FINDINGS OF FACT
20
21 1. On or about May 22, 2000, Kelly Scherbarth signed a contract with the Hermiston School
22 District for the 2000-2001 school year.
23
24 2. On August 10, 2000, Kelly Scherbarth submitted a letter of resignation and gave the
25 Hermiston School District notice of intent to resign her position as special education
26 teacher at Armand Larive Middle School. This notification came eleven days before she
27 was expected to firlfill her duties.
28
29 3. Meeting in regular session on September 5, 2000, the Hermiston School District Board of
30 Directors took action to seek a suspension of Kelly Scherbarth's Teaching license for the
31 balance of the 2000-01 school year.
32
33 4. The Hermiston School District informed TSPC of this action in a letter dated September
34 6, 2000, requesting the suspension of Kelly Scherbarth‘s Teaching license.
35
36
37 ULTIMATE FINDINGS OF FACT
38
39 Kelly Scherbarth signed an employment contract with the Hermiston School District on or about
40 May 22, 2000. Ms. Scherbarth submitted a letter of resignation, dated August 10, 2000, and
41 effective immediately.
42

PAGE 1—DEFAULT ORDER--KELLY SCHERBARTH

1 CONCLUSIONS OF LAW
i 2
3 ORS 342.553 requires the suspension of a license for the balance of the school year for failure to
4 provide 60 days’ notice prior to resignation. If the charge of the contract violation is proven, and
5 justification for the contract violation is not satisfactory, the Commission is required to suspend
6 the license for the remainder of the school year. The Commission’s decision is final.
7
8 ORDER
9
10 The Commission suspends the Oregon Teaching License #307520, issued to Kelly Francis
11 Scherbarth, , for violation of contract by resignation without
12 providing 6O days’ written notice.
13 /2\"IV
l4 Dated this day of January 2001.
15
16 TEACHER STANDARDS AND PRACTICES COMMISSION
l7
18 \
19 Pl/
20 By
21 David V. Myton, Executiv Director
22
‘ ‘23 DVM/mgh
1 24
25 ACTION OF THE COMMISSION TO SUSPEND LICENSES FOR CONTRACT
26 VIOLATIONS UNDER ORS 342.553 ARE FlNAL AND MAY NOT BE APPEALED.
27
28
29 CERTIFICATE OF MAILING
30
31 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by rne
32 as such by regular U.S. First Class Mail and by U.S. Certified Mail—Return Receipt Requested
33 to:
34
35 Kelly Scherbarth
36 2314 S Rainer Pl
37 Kennewick WA 99336
38
39 J>
40 Dated thisg q day of January 2001.
41
42
43 . / 7/...
44 By: .2 all-1”.‘
45 - "I"?
46 Ex-W .tant to the Commission
PAGE 2-——DEFAULT ORDER--KELLY SCHERBARTH