1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘ OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND 5 ANDREW G. SMITH ) ORDER OF REPRIMAND 6 On or about February 22, 2005, the Teacher Standards and Practices Commission 7 (Commission) received an application for renewal of an Initial Teaching License from Andrew G. 8 Smith (Smith). The Professional Educational Experience Report Mr. Smith submitted indicated 9 that he taught special education at the middle school level (grades 6-8) after his Conditional 1O Assignment Permit for that level expired on November 1, 2004. 11 Mr. Smith fully cooperated with the Commission's investigation. After review of the 12 matters alleged, Mr. Smith and the Executive Director agree that their respective interests, 13 together with the public interest, are best served by a stipulation to certain facts and a public 14 reprimand. .3 This Order sets forth the facts upon which the parties have agreed and the sanction to 16 be imposed. Mr. Smith stipulates that there are sufficient facts contained in the Commissions 17 files and records to support the findings of fact and conclusion of law set forth below. In 18 entering into this stipulation, Mr. Smith waives the right to a hearing to contest the findings of 19 fact, conclusion of law and order set forth below. 20 This stipulation is contingent upon approval and adoption of the Order by the 21 Commission. If the Commission does not adopt this Order, neither Mr‘ Smith nor the 22 Commission are bound by these Stipulations, and Mr. Smith retains all rights to a hearing on the 23 allegations. 24 STIPULATION OF FACTS 25 1. On November 26, 2001, the Commission issued Mr. Smith an Initial Teaching 26 License with endorsements in Multiple Subjects (Middle Level); Multiple Subjects Self- ‘ Contained (Early Childhood Education and Elementary Levels); and Special Education (Early 28 Childhood Education and Elementary Levels). Said license expired on February 22, 2005. Page 1 STIPULATION OF FACTS AND ORDER OF REPRIMAND - SMITH, ANDREW G. 1 2. Mr. Smith submitted a timely application to renew his Initial Teaching License on ‘ February 22, 2005. 3 3. On November 1, 2001, the Commission issued Mr. Smith a Conditional Assignment 4 Permit to teach at the Middle level/High School in Special Education. Said permit expired on 5 October 31, 2004. . 6 4. Mr. Smith served as a Special Education Teacher for Parkrose School District at the I 7 Middle School Level from November 11, 2004, until early May of 2005 without a Conditional 8 Assignment Permit. 9 CONCLUSION OF LAW 1O Andrew G. Smith served without proper Iicensure in violation of OAR 584-050-0030(2) 11 from November 1, 2004, to early May of 2005. This misconduct constitutes Gross Neglect of 12 Duty. The Commissions authority to impose discipline in this matter is based upon ORS 13 342.175. ‘ IT IS S STIPULATED: 15 lg€llbmé. C9573 a?! 5/ {@5- 16 Andr . Smith Date ' 11 MW M 18 ictoria Cham in, Executive Director Date 19 Teacher Standards and Practices Commission 20 ORDER 21 The Commission hereby adopts the above findings of fact and imposes a Public 22 Reprimand upon the Licensure of Andrew G. Smith. This Order shall serve as the Public 23 Reprimand. 24 IT IS SO ORDERED this fday of November, 2005. 25 TEACHER STANDARDS AND PRACTICES COMMISSION 26 w 27 By(' m MM f Victoria mberlain, Executive Director [0831051 Page 2 STIPULATION OF FACTS AND ORDER OF REPRIMAND — SMITH, ANDREW G.