1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON i In the Matter of the Educator License of ) DEFAULT ORDER 0F 5 KELLIE PATRICIA WHITLOW ) PUBLIC REPRIMAND ‘ s 3 8 On September 12, 2012, the Teacher Standards and Practices Commission (Commission) ‘ 9 issued a Notice of Opportunity for Hearing t0 Kellie Patricia Whitlow (Whitlow) in which the I 10 Commission charged her with Gross Neglect of Duty. The Notice was sent via U.S. First Class l l Mail and U.S. Certified Mail Receipt 7011 2000 0001 1292 0356 to the address on file with the 12 Commission. The Notice designated the Commission file as the record for purposes of proving a 13 prima facie case. The Certified Mail was returned to the Commission “Unclaimed” on October 14 15, 2012. The regular mail was not returned t0 the Commission. The Notice of Opportunity of 15 Hearing, dated September 12, 2012, and signed by Victoria Chamberlain, Executive Director, 16 stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY PERIOD, 18 YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED UNLESS YOUR 19 FAILURE TO REQUEST A HEARING WAS BEYOND YOUR REASONABLE CONTROL. 20 IF YOU DO NOT REQUEST A HEARING OR IF YOU FAIL TO APPEAR AT A 21 HEARING, THE COMMISSION WILL ADOPTAN ORDER OF DEFAULT WHICH MAY 22 INCLUDE THE REVOCATION OR SUSPENSION OF YOUR LICENSE OR OTHER 23 DISCIPLINE.” 22 Whitlow did not request a hearing. The Commission, therefore, finds Whitlow t0 be in default 26 and enters the following findings 0f fact, conclusions 0f law, and final order, based on the files 27 and records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Kellie Patricia Whitlow has been licensed by the Commission since March 4, 2004. 3O Whitlow’s Initial I Teaching License, with endorsements in Language Arts (HS, ML) and 31 Multiple Subjects (MIDLVL), was issued September 16, 2010, and expires on March 4, 2014. 32 During all relevant times, Whitlow was employed by the Mt. Angel School District. 33 2. On February 18, 2011, during the administration 0f the State of Oregon Writing Assessment test, 34 Whitlow violated state test administration guidelines. As the test administrator, Whitlow provided 35 non-approved resources to students during the testing. Specifically, Whitlow provided copies of 1 36 writing samples in a handout and allowed them to be used by students during the testing process. 37 These non-approved resources were printed on the back side of documents that did contain 38 approved resources. The incident was reported to the ODE and the test was invalidated for several 39 students. The 2011 testing incident was Whitlow’s second violation of state testing standards. In PAGE 1-DEFAULT ORDER PUBLIC REPRIMAND- WHITLOW, KELLIE PATRICIA 1 April of 2009, Whitlow allowed students access to un-approved resources during state testing. 2 Review of the 2009 testing impropriety by the ODE also led to invalidation of the testing process, 3 and the students had t0 be retested. 4 CONCLUSIONS OF LAW 5 Whitlow’s conduct described in section two (2) above, constitutes gross neglect of duty in 6 violation of ORS 342.175(1)(b); OAR 584-020-004o(4)(n) as it incorporates OAR 584—020- 7 0010(5) (Use professional judgment) and OAR 584-020-0025(e) (Using district lawful and 8 reasonable rules and regulations). 9 The Commission’s authority t0 impose discipline in this matter is based upon 10 ORS 342.175. 1 1 FINAL ORDER 12 The Commission hereby issues a Public Reprimand upon Kellie Patricia Whitlow’s 13 Educator licensure. {it 14 IT IS so ORDERED THIS Qc/ day of April, 2013. 15 TEACHER STANDARDS AND PRACTICES COMMISSION 16 By: 17 Victoria Chamberlain, Executive Director 18 19 20 21 NOTICE OF APPEAL OR RIGHTS 22 23 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 24 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 25 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 26 THE OREGON COURT OF APPEALS. PAGE 2-DEFAULT ORDER PUBLIC REPRIMAND- WHITLOW, KELLIE PATRICIA CERTIFICATE OF MAILING I hereby certify that I served the foregoing notice of final order, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed to: I Kellie Patricia Whitlow i 1412 18"‘ sr Oregon City, OR 97045-1781 . It Dated this 561/111’ day of April, 2013. 4 . 7 7 By: ( 522% W atty Li‘ dell Investigative Assistant PAGE 1- CERTIFICATE OF MAILING- WHITLOW, KELLIE PATRICIA