l BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION

2 OF THE STATE OF OREGON

3

4 In the Matter of the Educator ) DEFAULT ORDER OF

5 License of ) PUBLIC REPRIMAN D

6 PETER A. BU'ITACCIO )

7

‘ 8

9 On December 30, 2016, the Teacher Standards and Practices Commission
10 (Commission) issued a Notice 0f Opportunity for Hearing to Peter A. Buttaccio (Buttaccio)
11 in which the Commission charged him with Gross Neglect 0f Duty. The Notice was sent via
12 U.S. First Class Mail and U.S. Certified Mail Receipt 7016 0750 0000 2419 0655 to the
13 address on file with the Commission. The Notice designated the Commission file as the
l4 record for purposes of proving a prima facie case. The Certified Mail receipt was returned t0
15 the Commission as “Refused” unable to forward. The first class mail was returned to the
16 Commission “Return to Sender”. The Notice of Opportunity of Hearing, dated December 30,
17 2016, and signed by Monica Beane, Executive Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
l9 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF YOU
22 FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN ORDER
23 OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR SUSPENSION OF
24 YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 Buttaccio did not request a hearing. The Commission, therefore, finds Buttaccio to be in
27 default and enters the following findings of fact, conclusions 0f law, and final order, based
28 on the files and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. Buttaccio has been licensed by the Commission since July 6, 1983. Buttaccio held
31 a Standard Teaching License, with endorsements in Basic Physical Education
32 (018) and Standard Exceptional Learner I (018), valid from October, 3, 2011,
33 through October 2, 2016. Buttaccio did not make application for renewal. During
34 all relevant times, Buttaccio was employed by the Hood River County School

35 District.

36 2. On December 21, 2015, the Commission received a district report indicating

37 Buttaccio may have committed acts which constitute gross neglect of duty; .

PAGE 1-DEFAULT ORDER OF PUBLIC REPRIMAND- PETER A. BUTTACCIO

1

1 specifically, the falsification of Individualized Education Program (IEP)

2 documentation. Investigation determined that on October 15, 2015, Buttaccio

3 facilitated an IEP meeting. The meeting failed t0 include the required

4 participants making the meeting invalid. Instead of rescheduling the meeting,

1 5 Buttaccio requested that other team members, who were not present for the

6 meeting, sign the official paperwork after the fact and backdate the documents.

7 Buttacci0’s paperwork and process errors were determined by the school district

8 to be in violation of local policy and related law.

9 CONCLUSIONS 0F LAW
10 Peter A. Buttaccio engaged in unprofessional conduct as described above. This
11 conduct constitutes Gross Neglect of Duty in violation of ORS 342.175(1)(b); OAR 584-020-
12 0040(4)(n) as it incorporates OAR 584-020-0010(5) (Use professional judgment), OAR
13 584-020-0025(2)(e) (Using district lawfill and reasonable rules and regulations); and
14 OAR 584-020-0040(4)(c) (Falsification of any document or knowing misrepresentation
15 directly related to licensure, employment, or professional duties).
16
17 The C0mmission’s authority t0 impose discipline in this matter is based upon ORS
18 342.175.
19 FINAL ORDER
20 The Commission hereby issues a Public Reprimand upon Peter A. Buttaccio’s Oregon
21 educator license.
22
23 {14
24 IT IS SO ORDERED THIS £7 ’ day of February, 2017.
25
26 TEACHER STANDARDS AND PRACTICES COMMISSION
27 ,
28 By: Wm M
29 Dr. Monica Beane, Executive Director

PAGE 2-DEFAULT ORDER OF PUBLIC REPRIMAND- PETER A. BUTTACCIO

1 NOTICE OF APPEAL OR RIGHTS
2
3 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW
4 MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM
5 THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE
6 PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS.

PAGE 3-DEFAULT ORDER OF PUBLIC REPRIMAND- PETER A. BUTTACCIO

CERTIFICATE OF MAILING
I hereby certify that I served the foregoing Default Order of Public Reprimand, certified by me as
such, by mailing U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested,
addressed t0:
Peter A. Buttaccio
725 Park Place Loop
Hood River, OR 97031
Dated this é? ' day of February, 2017.
By:
atty don
Investigative Assistant
PAGE 1— CERTIFICATE OF MAILING— PETER A. BUTTACCIO