1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) LICENSE REVOCATION AND 6 BARBARA JEAN TROTTA ) REVOCATION OF RIGHT TO APPLY 7 ) FOR LICENSURE 8 9 On August 21, 2008, the Teacher Standards and Practices Commission (Commission) issued 10 a Notice of Opportunity for Hearing to Barbara Jean Trotta (Trotta) in which the Commission charged 11 her with conviction of a crime listed in ORS 342.143(3). The Notice was sent via U.S. First Class Mail 12 and U,S. Certified Mail Receipt 7006 2760 0000 1638 5599 to the address on file with the 13 Commission. The Certified Mail receipt was returned to the Commission signed by Shannon Trotta 14 on September 10, 2008. The Notice of Opportunity of Hearing, dated August 21, 2008, and signed by g 15 Victoria Chamberlain, Executive Director, stated: 16 "You, Barbara Trotta, are entitled to a hearing on the proposed action of the 17 Commission. If you want a hearing, you must file a written request for a hearing with 18 the Commission within 21 days of the date of this notice. Attached to this notice is a 19 copy of the procedures, right of representation and other rights of parties relating to the 20 conduct of a hearing as required under ORS 183.413(2)." 21 22 Ms. Trotta did not request a hearing. The Commission, therefore, finds 23 Ms. Trotta to be in default and enters the following findings of fact, conclusions of law and 24 order, based on the files and records of the Commission concerning this matter. 25 FINDINGS 0F FACT 26 1. Ms. Trotta has been licensed by the Commission since August 31, 2006. The 27 Commission issued Ms. Trotta an Initial 1 Teaching License on August 31, 2006, valid until January 28 27, 2010, with a Special Education endorsement 29 2. On July 21, 2008, in the Circuit Court of the State of Oregon for Klamath County, Ms. Trotta 30 was convicted of Delivery of a Controlled Substance to a Minor. This conviction constitutes gross 31 neglect of duty in violation of OAR 584-020-0040(1)(ss) and ORS 475.995, Distribution of Controlled 32 Substances to Minors. g 33 PAGE 1 — DEFAULT ORDER OF LICENSE REVOCATION AND RIGHT TO APPLY — TROTTA 1 3. On July 21, 2008, in the Circuit Court of the State of Oregon for Klamath County, Ms. Trotta 2 was convicted of two counts of using a minor in the distribution of a control substance. This 3 conviction constitutes gross neglect of duty in violation of OAR 584-020-0040(5)(c) and ORS 167.262, 4 Adult using minor in commission of controlled substance offense. 5 4. On July 21, 2008, in the Circuit Court of the State of Oregon for Klamath County, Ms. Trotta 6 was convicted of Official Misconduct 1. This conviction constitutes gross neglect of duty in violation of 7 OAR 584-020-0040(5)(c) and ORS 162.415, Official misconduct in the first degree. 8 CONCLUSIONS OF LAW 9 Ms. Trotta’s conviction of Distribution of a Controlled Substance lo Minors ORS 475.995 is 10 listed in ORS 342.143(3). The Commission is required to revoke the Initial Teaching License issued to 11 Ms. Trotta and revoke her right to apply for a license pursuant to ORS 342.175(2). Ms. Trotta’s 12 conviction for Adult using minor in commission of controlled substance offense ORS 167.262, and 13 Official misconduct in the first degree ORS 162.415, constitutes gross neglect of duty in violation of 14 OAR 584-020-0040(1)(ss) and OAR 584-020-0040(5)(c). The Commission's authority to impose ‘ ‘ 15 ' discipline in this matter is based upon ORS 342.175. ‘ 16 ORDER 17 The Commission hereby revokes Barbara Jean Trotta’s Initial 1 Teaching License and revokes 18 her right to apply for a teaching license. . I 19 IT IS SO ORDERED 111182 2 W day of October, 2008. 20 TEACHER STANDARDS AND PRACTICES COMMISSION 21 2%)@@3 22 By: 23 Wctoria Chamberlain, Executive Director :2 NOTICE OF APPEAL OR RIGHTS is YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 28 OBTAlNED BY FILING A PETlTlON FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 29 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE 30 OREGON COURT OF APPEALS. 31 PAGE 2 — DEFAULT ORDER OF LICENSE REVOCATION AND RIGHT TO APPLY — TROTTA 1 CERTIFICATE OF MAILING 2 3 4 I hereby certify that l served the foregoing order by mailing a true copy thereof certified by me 5 as such by U.S. First Class Mail and U.S. Certified Mail~—-Return Receipt Requested, addressed 6 to: 7 8 Barbara Jean Trotta 9 PO Box 7723 10 Klamath Falls OR 97602 11 l; 74%’ 12 Dated this day of October, 2008. l3 14 15 M 16 By: 17 Mel y Hans xecutive Assistant PAGE 1 - CERTIFICATE OF MAILING - TROTTA