.1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Licensure of ) AND 5 KERRI MARTHA SMITH ) FINAL ORDER OF REPRIMAND 6 On or about January 6, 2006, the Teacher Standards and Practices Commission 7 (Commission) received information that Kerri Martha Smith (Smith), Superintendent, North 8 Powder School Service District violated standards by assigning a teacher without proper 9 licensure. 10 Ms. Smith fully cooperated with the Commission’s investigation. After review of the 11 matters alleged, Ms. Smith and the Commission agree that their respective interests, together 12 with the public interest, are best served by a stipulation to certain facts and a public reprimand. 13 This document sets forth the facts upon which the parties have agreed and the 4 stipulated sanction to be imposed. Ms. Smith stipulates that there is sufficient evidence in the i Commission's files and records to support the findings of fact, conclusions of law, and order set 16 forth below. 17 By signing below, Ms. Smith acknowledges, understands, stipulates, and agrees to the 18 following: (i) she has been fully advised of her rights to notice and a hearing to contest the 19 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 20 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 21 Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public 22 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and 23 Final Order is contingent upon and subject to approval and adoption by the Commission. If the 24 Commission does not approve and adopt this Stipulation and Final Order, then neither 25 Ms. Smith nor the Commission are bound by the terms herein; (iv) she has fully read this 6 Stipulation and Final Order, and understands it completely; (v) she voluntarily, without any force ‘7 or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the Page 1 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND — SMITH .1 Stipulated Final Order below; (vi) she states that n0 promises or representation has been made 2 to induce her to sign this Stipulation and Final Order; and (vii) she has consulted with an 3 attorney regarding this Stipulation and Final Order and has been fully advised with regard to her 4 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this 5 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. 6 STIPULATION OF FACTS 7 1. Ms. Smith has been licensed by the Commission since July 27, 1981. Ms. Smith 8 holds a Standard Administrative License issued September 16, 2003, valid through July 24, 9 2009, with Standard Administrator and Standard Superintendent Endorsements. 10 2. Ms. Smith served as Superintendent for North Powder School District from 1998 until 11 July of 2005. 12 3. During the 2004-2005 school year Ms. Smith hired and assigned Riki Anderson to 3 serve as a Special Education teacher without a Special Education Endorsement. ‘t IT IS STIPULATED AND GR D TO: 15M AIM /' 0Q 16 erri rtha Smi h Date 17 MM MW 18 Victoria Cham erlain, Executive Director Date 19 Teacher Standards and Practices Commission 20 CONCLUSIONS OF LAW 21 Kerri Martha Smith hired and assigned Riki Anderson to teach Special Education in 22 violation of licensure requirements as Ms. Anderson held a Basic Teaching License with a Basic 23 Elementary Endorsement. This misconduct constitutes Gross Neglect of Duty in violation of 24 OAR 584-020-0040(4)(i) and OAR 584-050-0030(2). The Commission has the authority to 25 impose discipline in this matter under ORS 342.120 through 342.430 and OAR Chapter 584. 26 / / / ' / / / Page 2 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND — SMITH '1 ORDER 2 The Commission hereby adopts and incorporates herein the above findings of fact, 3 conclusions of law and imposes a Public Reprimand upon the licensure of Kerri Martha Smith. 4 This order shall serve as the Public Reprimand. 5 Issued and dated this 2 day of August, 2006. 6 TEACHER STANDARDS AND PRACTICES COMMISSION 7 STATE OF OREGON 8 9 By: 3 Z/w ‘MM 10 Victoria Cham erlain, Executive Director 11 Approved as to form: 12 ~\ D 13 \lwua: .9 0 1 s M. Bron, OSB#67012 1 ~ ey for Kerri Martha Smith [0626061 Page 3 STIPULATION OF FACTS AND FINAL ORDER OF REPRIMAND — SMITH