. 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3 In the Matter of the '
‘ Teaching License of il
4 STlPULATED ORDER OF SUSPENSION
BARRY KIM SEARS g
5
6 On November 23, 2005, the Teacher Standards and Practices Commission (Commission)
7 issued a Notice of Denial of Teaching License and Opportunity for Hearing to Barry Sears. Mr. i
8 Sears filed a timely request for hearing 0n December 22, 2005 to contest the allegations in the
9 notice. g
10 Mr. Sears and the Commission have reviewed this matter and have concluded that their
ll respective interests and the public interest would be served by entry of a stipulation to certain
12 facts, renewing Mr. Sears’ license but imposing a 90 day suspension to be served immediately, 1
' 13 and imposing a probationary period of four years. By entering into this stipulation, Mr. Sears
l4 understands that this agreement is subject to ratification by the Commission. Mr. Sears also
15 understands that by entering into this agreement, he waives the right t0 a hearing and judicial i
l6 review from that hearing. In the event that the Commission does not ratify this agreement, .7

- l7 however, Mr. Sears’ waiver of his right to a hearing will be deemed to be Withdrawn.

18 FINDINGS OF FACT
19 Based on the foregoing, Mr. Sears and the Commission stipulate as follows: .
20 1. Mr. Sears holds an Initial I Teaching License with a high school authorization and Q
21 endorsements in Biology and Physics from the Commission. Mr. Sears’ Initial I i
22 Teaching License became effective on January 29, 2002.
23 i
Page l - STIPULATED ORDER OF SUSPENSION
(Sears GENP9029)

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’ 1 2. On or about March l, 2005, four weeks alter his license had expired; Mr. Sears applied to
2 the Commission for renewal of his Initial Teaching license.
3 3. From January 2, 2004, to lune 1, 2004, Mr. Sears taught health services for the North ‘
4 Central Education Service District (N CESD). Throughout the time that Mr. Sears taught
5 health services at NCESD, he did not possess a Professional Technical Teaching License.
6 4. A Professional Technical Teaching License is required by Commission rules to teach the
7 health services courses that Mr. Sears taught for NCESD from January 2, 2004 to June 1,
s 2004. §
9 é
10 @149 Ké» W/zs 'M ‘
Barry K. Sears Date i
1 1 _ I.
W 122?,“ 5 ,
Vickie Ch erlain Date i V
. 13 Executive Dire , TSPC '
14 CONCLUSION 0F LAW
15 By serving NCESD without the proper license under OAR 584-050-0030(2), Mr. Sears i
16 committed a substantial deviation from professional standards of ethics under OAR 5 844020-
17 0040(4)(o) as it incorporates OAR 584-020-0035(2)(a), constituting gross neglect of duty. ‘
18 DISC USSION AND ORDER :
l9 Mr. Sear’s failure to obtain a Professional Technical License prior to beginning to serve
20 the NCESD is sufficient basis to impose a 90-day suspension, to be followed by a probationary I
21 term of four years. I
22 Based on the foregoing, it is hereby ordered as follows:
23 1. Mr. Sears’ application for renewal of his license is hereby granted.
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(Sears GENP9029)
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1
. l 2. Mr. Sears‘ license is suspended for 90 days, beginning on the date this Order is signed by
2 the Executive Director.
3 3. Mr. Sears is hereby placed on probation for a period of four (4) years. During
4 probationary term, Mr. Sears shall comply with all of the Commission’s statutes and rules ‘
5 regarding competent and ethical performance Violation of a terrn or condition of probation may '
6 constitute an independent basis for the Commission to impose permitted disciplinary sanctions,
7 subject to Mr. Sears’ contested case hearing rights.
8 It is so Ordered this iii day of Z/Z(% 2006. E
9 , a4) f
10 W 51/54 é’ .
Vi e Charnberlai / Date
ll Executive Director, P _
12
. l3 Approve as to f : ;
14 7617/0 Q
Ralph iser ‘ .
15 Attorney for . Sears
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(Sears GENP9029) .
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