' BEFORE THE TEACHER STANDARDS AND PRACTICES COMIVIISSION
OF THE STATE OF OREGON
In the Matter of the Teaching License of: 1 ) FINAL ORDER
)
CARRIE DIANE EGAN ) Hearing Officer Panel Case
) No. 20013525

On June 5, 2002, Administrative Law Judge Catherine Pi Cobum issued a
Proposed Order in this case.

The Teacher Standards and Practices Commission adopts the Findings of Fact,
Conclusions of Law and sanction contained in the attached Proposed Order

QRBLR
The Commission adopts the Proposed Order, and orders that the Oregon Teaching
' License of Carrie Egan is suspended for the remainder of the 2001-2002 school year.
Dated this é 4310f August, 2002.
TEACHER STANDARDS AND PRACTICES COMMISSION
Em
Victoria Chamber ain, Executive Director
NOTICE: You are entitled to judicial review of this order. Judicial review may be
obtained by filing a petition for review Within 60 days of service of this order. Judicial
review is pursuant to the provisions of ORS 183.482 to the Oregon Court of Appeals.
Page l — FINAL ORDER—CARRIE DIANE EGAN

, BEFORE THE HEARING OFFICER PANEL ‘r1 ‘»‘ -' 5
. STATE 0F OREGON
for the
TEACHER STANDARDS AND PRACTICES COMMISSION
IN TI-[E MATTER OF THE LICENSE ) PROPOSED ORDER
SUSPENSION OF )
CARRIE EGAN ) HOP Case No.: 20013525
) TSPC Case No.: GE 0700-01
HISTORY 0F THE CASE

By letter dated August 29, 2001, Hermiston School District (School District)
notified Carrie Egan (Respondent) that it intended to pursue suspension of her Oregon
teaching license. By letter dated October 9, 2001, Respondent requested a contested case
hearing. On February 14, 2002, Administrative Law Judge Catherine P. Coburn
conducted a pre-hearing telephone conference. On March 18, 2002, I convened and
postponed a telephone hearing to allow both parties to submit exhibits. The hearing was
reset for April 15, 2002 and postponed because all telephone lines to Hermiston were
disconnected. On May 6, 2002, I conducted a telephone hearing in this matter. The
School District appeared pro se and was represented by Deputy Superintendent Darce
Driskel pursuant to OAR 137-003-0555(1)(b). The School District called Pat Consoliver
as a witness. Respondent appeared pro se and was assisted by Tom De Forrest in

' presenting her case. Respondent testified on her own behalf. N0 other witnesses testified
and the record closed on May 6, 2002.
ISSUE

The issue is whether on or about August 17, 2001, Respondent failed to provide
60-day notice of her resignation in violation of ORS 342.5530) and OAR 584-050-
0020(3).

EVIDENTIARY RULINGS

The School District’s Exhibits 1 through 12 as well as Supplementary Exhibit 13,
the Working Agreement between The Herrniston Association of Teachers and the
Hermiston School District 8R Board of Directors, 1998-2002, were received into the
record without objection. Respondent’s Exhibits lOl and 102 were also received into the
record without objection.

FINDINGS 0F FACT

In 1992, the School District adopted a policy that provides:
In the Matter of the License Suspension of Carrie Egan, GE 0700-01
Page l of 5 I

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RESIGNATION OF STAFF

A licensed staff member who wishes to resign from his/her '
position with the district must give written notice at least 60
days prior to the date he/she wishes to leave district
employment. The superintendent is authorized to accept
the resignation effective the day it is received and either
release the teacher immediately from further teaching or
administrative obligations or inform the teacher that he/she
must continue teaching for part or all of the 60-day period.
Where less than a 60-day notice is given, the Board may
request the Teacher Standards and Practices Commission to
suspend the teacher’s or adrninistrator’s license for the
remainder of the school year. Exceptions due to emergency
or other extenuating circumstances may be considered by
the Board.

In August 2000, the School District hired Respondent as a special education
teacher and she served in that capacity at Sandstone Middle School during the 2000 -
2001 school year. (Testimony of Respondent). Respondent holds an Oregon Restricted
Transitional teaching license and an emergency special education certificate. (Ex. 2;
testimony of Respondent). In March 2001, Respondent was nominated as Educator of
the Year. (Ex. 101). ’

On April 5, 2001, Respondent signed a contract to teach in the School District
during the 2001 — 2002 school year. (Ex. 2). In July and August, the School District
received resignations from three other teachers. (Ex. 4). On August 17, 2001, the School
District received Respondent’s written notice of resignation. (Ex. 3). Respondent
resigned her position with the School District in order to accept a position with another
School District that was more geographically convenient. (Testimony of Respondent).

For the 2001 — 2002 school year, the first day of work for new teachers was
August 28. The first day of work for returning teachers was August 29. (Testimony of
Driskel). The School District hired another teacher to replace Respondent and the school
board approved the action on August 28. (Ex. 7; testimony of Driskel). On September 4,
2001, the Hermiston School Board voted 5 to 2 to suspend respondent’s Oregon teacher’s
license. (Ex. 8-4).

CONCLUSIONS OF LAW

Respondent failed to provide the School District with 60 days notice of her
resignation.

In the Matter of the License Suspension of Carrie Egan, GE 0700-01
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OPINION
' ORS 342.553(1) provides:
(l) Any elementary or secondary teacher who has entered
into a contract to teach in any public school and who
resigns the position without first providing 60 days’ written
notice to the district superintendent or the notice required in
the applicable collective bargaining agreement may have
the teaching license of the teacher suspended for the
remainder of the school year by the Teacher Standards and
Practices Commission upon notice of the resignation from
the district school board to the commission. The
commission shall notify the teacher of the suspension of the .
teaching license held by the teacher. 1

Under the heading “Suspension for Resignation in Violation of Contract”, OAR
584-050-0020(3) and (4) provide:

(3) If TSPC decides that the charge has been proven and
the justification for violating the contract is not satisfactory,
TSPC will suspend the teacher’s license for the remainder
of the school year. The decision of TSPC is final. See also
' ORS 342.553(2) regarding violation of contracts.

(4) A license which has been suspended for violation of
contract may be reinstated after the period of suspension
upon application and payment of the evaluation fee.

Respondent contends that the license suspension is unwarranted. In support of
her position, Respondent first argues that her geographic convenience constitutes
“extenuating circumstances” that justified the untimely resignation. Respondent points
out that her new job was located closer to her residence, her fiance’s residence and her
continuing education classes. Respondent next argues that the School District received
resignations from several other teachers within 60 days of the school year and did not
seek suspension of the other teachers’ licenses. Respondent further argues that the
School District failed to follow its policy because it did not offer her the option of
teaching for the 60-day period. Finally, Respondent argues that the license suspension is
unfair in light of her nomination as Educator of the Year.

The School District contends that the license suspension is warranted under the
circumstances. In support of its position, the School District argues that in pursuing
suspension, it considered several factors including timeliness of the resignation, the
teacher’s endorsement and the availability of candidates to replace the teacher who

’ resigned. The School District next argues that its policy allows discretion in seeking
In the Matter of the License Suspension of Carrie Egan, GE 0700-01
Page 3 of 5

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license suspensions. Finally, the School District takes the position that the license
suspension does not reflect upon the quality of Respondent’s performance as a teacher. '
There is no question that Respondent violated ORS 342.553(l) and OAR 584-
050-0020(3) by entering a contract and providing written notice of resignation less than
60 days prior to the start of the 2001 — 2002 school year. The School District received
Respondent’s written notice of resignation on August l7, 2001 and the returning
teacher’s first day of work was August 29m. Moreover, the statute, the administrative
rule, and the School District policy allow the School District discretion to pursue license
suspension. Here, the School District considered the short notice and the difficulty of
identifying qualified candidates and hiring a replacement before the start of school. The
School District found mat Respondent’s geographic convenience did not constitute
“extenuating circumstances” as that term is used in the district policy. On the other hand,
other teachers who resigned may have presented circumstances that were different from
Respondent’s. Furthermore, the School District policy allows the School District
discretion to allow a resigning teacher to continue teaching during the 60-day period.
Under the policy, the School District may choose not to offer this alternative, considering
whether the resignation occurs before or during the school year and taking into account
the continuity of student-teacher relationships. Finally, the School District takes the
position, and I agree, that the license suspension for untimely resignation does not reflect
upon Respondent’s performance as a teacher, particularly in light of her nomination as
Educator of the Year.
l PROPOSED ORDER .
I recommend that TSPC issue the following order:
Respondent’s Oregon teaching license is suspended for the remainder of the
2001-2002 school year.
Dated this {Tl/c day of June 2002.
.. h’ ‘:1, — i ‘
Zéerine P. Coburn,;dministrative Law Judge
Hearing Officer Panel
In the Matter of the License Suspension of Carrie Egan, GE 0700-01
Page 4 Of 5

NOTICE 0F OPPORTUNITY FOR ADMINISTRATIVE REVIEW
' NOTICE: Pursuant to OAR 137-003-0650, you are entitled to file written

exceptions to this proposed Order. Written exceptions must be received by the Teacher
Standards and Practices Commission within 10 clays following the date of service of this
Proposed Order. Mail exceptions to:

Teacher Standards and Practices Commission

Public Service Building

255 Capitol Street NE

Salem, OR 97310-1332
In the Matter of the License Suspension of Carrie Egan, GE 0700-01
Page 5 of 5

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have served copies of the foregoing Proposed Order for '
Carrie Egan, Case N0.GE 0700-01 upon the following parties by causing to be mailed on the 5th
day of June, 2002, a true, exact and full copy thereof, enclosed in an envelope with postage
prepaid, addressed to:
Carrie Egan
2904 W Agate #2
Pasco WA 99301
Joe McKeever ‘
Assistant Attorney General
1162 Court Street NE

' Salem OR 97301-4096
Darce Driskel
Hermiston School District
341 NE 3rd Street
Hermiston OR 97838
David V Myton .
TSPC
465 Commercial Street
Salem OR 97301
‘ JO gien Odle, gQiégs Technician
. Hearing Officer Panel p