1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 2 In the Matter of the ) STIPULATION OF FACTS AND, ~ 5 Teaching License of ) FINAL ORDER OF SUSPENSION 6 KIM MARIE CARLSON ) ~ ‘ 7 On or about February 12, 2009, the Teacher Standards and Practices Commission 8 (Commission) received a report indicating possible inappropriate conduct by Kim Carlson 9 (Carlson), an Assistant Principal in the West Linn —Wilsonville School District. 10 After review of the matters alleged, Carlson and the Commission agree that their 11 respective interests, together with the public interest, are best served by a stipulation to certain 12 facts and the imposition of a six month suspension upon Carlson's license. 13 This document sets forth the facts upon which the parties have agreed and the 14 stipulated sanction to be imposed. Carlson stipulates that there is sufficient evidence in the 15 Commission's files and records to support the findings of fact, conclusions of law, and order set 16 forth below. 17 By signing below, Carlson acknowledges, understands, stipulates, and agrees to the 18 following: (i) she has been fully advised of his 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, Order of 21 Reprimand and Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a 22 public document and disclosed to the public upon request by the Commission; (iii) this 23 Stipulation and Final Order is contingent upon and subject to approval and adoption by the 24 Commission. If the Commission does not approve and adopt this Stipulation and Final Order, 25 then neither Carlson nor the Commission are bound by the terms herein; (iv) she has fully read 26 this Stipulation and Final Order, and understands it completely; (v) she voluntarily, without any 27 force or duress, enters into this Stipulation and Final Order and consents to issuance and entry 28 of the Stipulated Final Order below; (vi) she states that no promise or representation has been 29 made to induce her to sign this Stipulation and Final Order; and (vii) she has consulted with an 3O attorney regarding this Stipulation and Final Order and has been fully advised with regard to his Page 1 STIPULATION OF FACTS, FINAL ORDER 0F SUSPENSION —CARLSON, KIM MARIE 1 rights thereto, or waives any and all rights to consult with an attorney prior to entering into this 2 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This 3 stipulation is contingent upon approval and adoption of the Order by the Commission. If the 4 Commission does not adopt this Order, neither Carlson nor the Commission are bound by these 5 Stipulations and Carlson retains all rights to a hearing on the allegations. 6 STIPULATION OF FACTS 7 1. The Commission has licensed Carlson since July 5, 1979. Carlson currently holds a 8 Standard Teaching License with endorsements in Basic Health Education and Standard 9 Physical Education, issued April 8, 2007 and valid through April 7, 2012. Carlson also 10 holds an Initial Administrator License, that was issued April 8, 2007, and would have 11 originally expired on April 7, 2010. However, the expiration of this administrator license 12 was stayed, pending the outcome of this case. Carlson submitted materials on time to 13 upgrade this license to a Continuing Administrator License. 14 2. During all relevant times Carlson was employed by the West Linn-Wilsonville School 15 District as Assistant Principal at the West Linn High School. 16 3. On or about October 20, 2008, a completed Preliminary SAT test (PSAT) was 17 discovered the clay after other students’ tests were returned to the College Board. When 18 this matter was brought to Carlson's attention she made the decisions and instructed a 19 secretary to shred the test. 2O 4. Some months later, when questioned about the location of the test, by the parent of the 21 student, Carlson told the parent the test was probably lost at the College Board's PSAT 22 center. This response was not true. 23 lT IS SO STIPULATED AND AGREED TO: 24 BwvuMMjc (Lot/5w [0- sic-10 25 Kim A: n Carlson ‘ Date 26 t _Zfi¥2? M ’ /0'eZ/'/() 27 Victoria Cha 'r - n, Executive Director Date 28 Teacher Standards and Practices Commission 29 Page 2 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION —CARLSON, KIM MARIE 1 CONCLUSION OF LAW 2 Carlson decided to shred a PSAT test as described in paragraph 3 above. This conduct 3 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as 4 it incorporates OAR 584-020-0025(2)(c)(Using and maintaining student records as required by 5 federal and state law and district policies and procedures) and OAR 584-020-0010(5) (Use 6 professional judgment). 7 Carlson provided false information to a parent, as described in paragraph 4 above. This 8 conduct constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 9 0040(4)(n) as it incorporates OAR 584-020-0030(2)(b) (Ski/Is in communicating with 10 administrators, students, staff, parents, and other patrons), OAR 584-020-0010(5) (Use 11 professional judgment); and OAR 584-020-0040(4)(c) (Knowing falsification of any document or 12 knowing misrepresentation direct/y related to licensure, employment or professional duties). 13 The Commission has the authority to impose discipline in this matter under ORS 14 342.120 through ORS 342.430, and OAR Chapter 584. 15 FINAL ORDER 16 The Commission adopts and incorporates herein the above findings of fact and 17 conclusions of law, based thereon, hereby imposes a six month suspension upon the Standard 18 Teaching License and AdministratorKLicense of Kim Marie Carlson. 19 Issued and dated this flday of November, 2010. 20 TEACHER STANDARDS AND PRACTICES COMMISSION 21 STATE 0F EGON 22 _ 23 By ;@g MM 24 ictoria Cham , ecutive Director 25 APPROVED AS TO FORM 26 I j i € : 27 ‘ 28 Ralph E. ser, OSB# 814232 29 Attorney for Kim Marie Carlson Page 3 STIPULATION OF FACTS, FINAL ORDER OF SUSPENSION —CARLSON, KIM MARIE