'1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON Z In the Matter of the ) DEFAULT ORDER OF DENIAL 5 Teaching License of ) OF TEACHING LICENSE 6 BRETT H.T. SUMMERS ) 7 On July 10, 2007, the Teacher Standards and Practices Commission (Commission) x issued a Notice of Opportunity for Hearing to Brett H.T. Summers (Summers) in which the 9 Commission denied Iicensure based on ORS 342.143(2). The Notice was sent via U.S. First 10 Class Mail and U.S. Certified Mail Receipt 7006 0810 0001 4602 1824 to the address Mr. 11 Summers provided to the Commission. The certified mail receipt was signed by the educator 12 and returned to the Commission. The Notice of Opportunity of Hearing, dated July 10, 2007, I3 and signed by Victoria Chamberlain, Executive Director, stated: 14 “You, Brett H.T. Summers, are entitled to a hearing on the proposed action of the 15 Commission. If you want a hearing, you must file a written request for a hearing 16 with the Commission within 21 days of the date of this notice. Attached to this q notice is a copy of the procedures, right of representation and other rights of ,, parties relating to the conduct of a hearing as requIred under ORS 183.413(2). 23 Mr. Summers did not request a hearing. The Commission, therefore, finds Mr. Summers 21 to be in default and enters the following findings of fact, conclusions of law and order, based on 22 the files and records of the Commission concerning this matter. 23 FINDINGS OF FACT 24 1. On or about August 21, 2003, the Washington Superintendent of Public Instruction 25 suspended Mr. Summers’ education certificate for a period of twelve (12) months, effective 26 May 1, 2003, when he failed to properly supervise students in his classroom in December of 27 2001 . 28 2. Following the 2001 incident Mr. Summers resigned his teaching position in the 29 Colville School District, in Washington, effective January 31, 2002. 30 3. The Washington Superintendent of Public Instruction, in order to reinstate ’ PAGE 1 - DEFAULT ORDER OF DENIAL OF TEACHING LICENSE - BRETT H.T. SUMMERS 1 Mr. Summers’ teaching certificate, required that he undergo a psychological evaluation by a .2 board certified psychologist/psychiatrist to determine whether Mr. Summers presents a danger 3 to the educational welfare or personal safety of students, teachers or other colleagues within the 4 educational setting. 5 4. To date Mr. Summers has not removed the uncertainty regarding his fitness to serve 6 as an educator by satisfying the requirements for reinstating his Washington teaching certificate. i 7 CONCLUSIONS OF LAW 1 8 Pursuant to OAR 584-050-0006(2)(e) and ORS 342.143(2) the Executive Director may 9 deny issuance of a license based upon evidence that the applicant may lack fitness to serve as I 10 an educator. The Commission's authority to impose discipline in this matter is based upon ‘ 11 ORS 342.175. 12 ORDER 13 The Commission hereby denies the application of Brett H.T. Summers for an Oregon ‘I Teaching License. 15 IT IS SO ORDERED this é h! day of August, 2007. 16 TEACHER STANDARDS AND PRACTICES COMMISSION 18 By 19 ictoria Cha ' , Executive Director 3(1) NOTICE OF APPEAL OR RIGHTS Z YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 24 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF THIS 25 ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 26 OREGON COURT OF APPEALS. ' PAGE 2 — DEFAULT ORDER OF DENIAL OF TEACHING LICENSE — BRETT HT SUMMERS .1 CERTIFICATE OF MAILING 3 l hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 4 as such by UIS. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed 5 to: 6 7 Brett H.T. Summers 8 3667 SE Tillamook Loop 9 Prineville OR 97754 10 j I! 11 Dated this day of October, 2007. I2 , l3 . 14 15 By: 16 M Iody Han o , xecutive Assistant I PAGE 1 — CERTIFICATE OF MAILING - SUMMERS