1) BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION '3 OF THE STATE OF OREGON 4 In the Matter of the ) FINDINGS OF FACT 5 Teaching License of ) AND 6 Waydann Lambertsen ) ORDER OF SUSPENSION 7 On August 2, 2004, Waydann Lambertsen (Lambertsen) submitted an application 8 for a Teaching License to the Teacher Standards and Practices Commission 9 (Commission). The Commission issued a Transitional Teaching License to 1O Ms. Lambertsen by expedited service at the request of South Umpqua School District 11 on August 12, 2004. Ms. Lambertson indicated on her application that she taught from 12 1995 through 2002 at Fillmore Elementary, Millard School District, Delta, Utah. Ms. 13 Lambertsen’s application materials included a Professional Educational Experience 14 Report form, provided to the Commission by the Millard School District Superintendent, .5 indicating that she taught from 1995 through 2002 for Millard School District. Based 16 upon the five years teaching experience Ms. Lambertsen reported at Millard School 17 District the Commission waived the Subject Mastery Test for an Endorsement in English 18 for Speakers of Other Languages (ESOL) for her Transitional Teaching License. In 19 June of 2005 during the investigation of a separate matter the Commission discovered 20 that Ms. Lambertsen did not serve as a classroom teacher, as defined by Oregon law, 21 for the years she reported. Ms. Lambertsen was employed as an Instructional Assistant 22 for Millard School District and provided ESL instruction. Ms. Lambertsen also indicated 23 she served as a classroom teacher for the 2002-2003 and 2003-2004 school years at 24 Eureka Elementary, Tintic School District, Eureka, Utah. Ms. Lambertsen obtained a 25 teaching license in Utah on November 19, 2003. O Page 1 FINDINGS OF FACT AND ORDER OF SUSPENSION — LAMBERTSEN, WAYDANN 1 After review of the matters alleged, Ms. Lambertsen and the Commission agree .2 that their respective interests, together with the public interest, are best served by 3 certain finds of fact and the suspension of her teaching license. Ms. Lambertsen 4 understands that the Commission will suspend said license for a period of six (6) 5 months effective September 1, 2005. 6 This Order sets forth the findings of fact and the sanction to be imposed. Ms‘ 7 Lambertsen denies allegations of intentional misrepresentation, however, stipulates that 8 there are sufficient facts contained in the Commissions files and records to support the 9 findings of fact and conclusions of law set forth below. In entering into this stipulation, 10 Ms. Lambertsen waives the right to a hearing to contest the findings of fact, conclusions 11 of law and order set forth below. 12 This stipulation is contingent upon approval and adoption of the Order by the a Commission. If the Commission does not adopt this Order, neither Ms. Lambertsen nor 14 the Commission are bound by these Stipulations and Ms. Lambertsen retains all rights 15 t0 a hearing on the allegations. 16 FINDINGS OF FACT 17 1. On August 2, 2004, Ms. Lambertsen submitted a complete application for a 18 Teaching License to the Commission. Ms. Lambertsen provided inaccurate information 19 relating to her teaching experience on her application and supporting documents to the 2O Commission. 21 2. The Commission issued a Transitional Teaching License to Ms. Lambertsen 22 on August 12, 2004, valid through August 12, 2007, with Endorsements in ESOL, 23 Multiple Subjects Self-Contained and Reading. O Page 2 FINDINGS OF FACT AND ORDER OF SUSPENSION - LAMBERTSEN, WAYDANN 1 3. Ms. Lambertsen was employed by the South Umpqua School District .2 beginning August 30, 2004. Upon employment the Superintendent placed Ms. 3 Lambertsen on level 10 of the District teacher pay scale, a placement that the District , 4 subsequently claimed was too high on the scale. 5 4. The District withheld $4,946 from Ms. Lambertsens final paychecks for the 6 2004-2005 school year to recoup amounts claimed as overpayment by the District. 7 5. The District placed Ms. Lambertsen on paid administrative leave April 29, 8 2005. On August 17, 2005, the South Umpqua School Board voted to dismiss Ms. 9 Lambertsen from employment. 1O IT IS SO STIPULA ED- 11 i _ ZQ 2- CL; 12 Wa / Lambert? _ Date . Q 7 7) fifl/flj/%/k//// / B5” ‘fié Victoria Chamberlain, Executive Director Date 15 Teacher Standards and Practices Commission 16 CONCLUSION OF LAW 17 Waydann Lambertsen misrepresented information to the Commission directly 18 related to Iicensure on her application for a Transitional Teaching License by reporting 19 that she served as a classroom teacher from 1995 through 2002 at Fillmore Elementary 20 School in the Millard School District, Delta, Utah. This misconduct constitutes Neglect 21 of Duty in violation of ORS 342.175(1)(e) and OAR 584-020-0040(4)(c). The 22 Commission‘s authority to impose discipline in this matter is based upon ORS 342.175. O Page 3 FINDINGS OF FACT AND ORDER OF SUSPENSION - LAMBERTSEN, WAYDANN 1 ORDER 2 The Commission adopts the above findings of facts and hereby suspends the 3 Transitional Teaching License issued to Waydann Lambertsen for a period of six (6) 4 months effective September 1, 2005. At the end of this suspension period, Ms. 5 Lambertsen may apply for reinstatement of licensure pursuant to OAR 584-050- 6 0015(3). 7 IT IS SO ORDERED thixfl day of January, 2006. 8 TEACHER STANDARDS AND PRACTICES COMMISSION 9 ’/; f’ 10 By? . / da/L 11 Victoria Cha e in, Executive Director 12 Approved as to form: 14 < 2 &Q T 15 Adam S. Arms, OSB#01018 16 Attorney forWaydann Lambertsen [0117061 Page 4 FINDINGS OF FACT AND ORDER OF SUSPENSION — LAMBERTSEN, WAYDANN