1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3 In the Matter of the ) STIPULATION 0F FACTS AND

4 Teaching License of ) FINAL ORDER OF SUSPENSION

5 MELINDA DANIELLE YARN ELL ) OF LICENSE

g On or about September 30, 2011, the Teacher Standards and Practices

8 Commission (Commission) notified the Tigard-Tualatin School District that Melinda

9 Danielle Yarnell (Y arnell) may have had an unauthorized conditional assignment or an
1 0 incident of teaching without a valid license.
1 1 After review of the matters alleged, Yarnell and the Commission agree that their
12 respective interests, together with the public interest, are best served by a stipulation to
13 certain facts and the imposition of a 30 day suspension of Yarnell’s Basic Teaching
14 License.
15 By signing below, Yarnell acknowledges, understands, stipulates, and agrees to
16 the following: (i) she has been fully advised of her rights to notice and a hearing to
17 contest the findings of fact, conclusions of law, and order set forth below, and fully and
18 finally waives all such rights and any rights to appeal or otherwise challenge this
19 Stipulation of Facts and Final Order of Suspension of License (Stipulation and Final
20 Order); (ii) this Stipulation and Final Order is a public document and disclosed to the
21 public upon request to the Commission; (iii) this Stipulation and Final Order is
22 contingent upon and subject t0 approval and adoption by the Commission. If the
23 Commission does not approve and adopt this Stipulation and Final Order, then neither
24 Yarnell nor the Commission are bound by the terms herein; (iv) she has fully read this
25 Stipulation and Final Order, and understands it completely; (v) she voluntarily, without
26 any force or duress, enters into this Stipulation and Final Order and consents to issuance
27 and entry of the Stipulated Final Order below; (vi) she states that no promise or
28 representation has been made to induce her to sign this Stipulation and Final Order; and

Page 1 STIPULATION OF FACTS AND ORDER OF LICENSE SUSPENSION — YARNELL, MELINDA
DANIELLE

1 (vii) she has consulted with an attorney regarding this Stipulation and Final Order and
2 has been fully advised with regard to her rights thereto, or waives any and all rights to
3 consult with an attorney prior to entering into this Stipulation and Final Order and
4 issuance and entry of the Stipulated Final Order below.
5 STIPULATION OF FACTS
6 1. The Commission has licensed Yarnell as a teacher in Oregon since September 20,
7 1990. Yarnell’s current Basic Teaching License, with an endorsement in Basic
8 Elementary (PreK-Grade 9), Basic Physical Education (PreK-Grade 9), and Basic
9 Health Education (PreK-Grade 9), issued on August 29, 2010, is valid until August
10 28, 2013. During all relevant times, Yarnell was employed by the Tigard-Tualatin
1 1 School District.
12 2. On or about April 15, 2008, Yarnell’s School District assigned Yarnell to teach full-
13 time Activities and Health at Tigard High School. The District indicated that Yarnell
14 would need to work with Melissa Griffith in Human Resources to obtain a
1 5 Conditional Assignment Permit for the new assignment.
16 3. Neither the School District nor Yarnell applied to TSPC for a Conditional Assignment
17 Permit for Yarnell’s new assignment.
18 4. On or about August 12, 2010, TSPC received Yarnell’s application to renew her Basic
19 Teaching License. Along with the application, TSPC received a Professional
20 Education Experience Report (PEER Form), indicating that Yarnell taught
21 “Activities/ Health” in grades 9-12 from August 2008 through the end of the 2019-
, 22 2010 school year. Yarnell’s Basic Teaching license, however, was only valid for
i 23 service in Pre-IGndergarten-through grade 9.
24 5. Yarnell served without a valid license for the period August, 2008 through the end of
25 the 2009-2010 school year.
26 IT IS SO STIPU TED:
27 ‘4,1444 y'z'QUJ, / L ‘241.4 Ami/Li
28 Meli i a Danie le arnel / Date
29 ' " ) - ’ _ V
30 - mil‘ I .. /111 /L ‘JIM/(J /0 ' ,QS/[l/
31 v lctoria Cham :51 xecutive Director Date
32 Teacher Stan ar and Practices Commission
33 / / /
Page 2 STIPULATION OF FACTS AND ORDER OF LICENSE SUSPENSION — YARNELL, MELINDA
DANIELLE

1 CONCLUSION OF LAW
2 Yarnell taught “Activities/ Health” in grades 9-12 from August 2008 through the end of
3 the 2019-2010 school year without a valid License. This conduct constitutes gross neglect of
4 duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-
5 o2o-0010(5) (Use professional judgment), OAR 584-020-oo4o(4)(o) as it incorporates OAR
6 584-020-0035(2)(a)(Apply for, accept, ofler, or assign a position of responsibility only on on
7 the basis of professional qualifications, and will adhere to the conditions of a contract or the
8 terms of the appointment) and OAR 584-020-0040(4)(r) (knowingly working without a
9 license).

10 ORDER

1 1 The Commission adopts and incorporates herein the above findings of fact and

12 conclusions of law, and based thereon, imposes a 30 day suspension of Melinda Danielle

13 Yarnell’s Basic Teacher License.

14 Issued and dated this iday of November, 2012.

15 TEACHER STANDARDS AND PRACTICES COMMISSION

16 STATE OF REGON

17 Z 2 , Z é é g g a 2 (

18 By

19 Victoria Chambe utive Director

Page a STIPULATION OF FACTS AND ORDER 0F LICENSE SUSPENSION - YARNELL, MELINDA
DANIELLE