RECEEKE ED
, BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
, wN02mm
. OF THE STATE OF OREGON
i In the Matter of the ) STIPULATION OF FACTS AN fiixisfiéirrrzrggi
Educator License of ) FINAL ORDER OF SUSPENSION
JEFFREY ALAN BARKER ) AND PROBATION

On or about December 3, 2013, the Teacher Standards and Practices Commission
(Commission) received a report from the McMinnville School District alleging that Jeffrey Alan Barker
(Barker) had violated Professional Standards and Practices.

After review of the matters alleged, Barker and the Commission agree that their respective
interests, together with the public interest, are best served by a stipulation to certain facts, the 4
imposition of a sixty (6o) day suspension of his educator license, and a four (4) year period of
probation.

This document sets forth the facts upon which the parties have agreed and the stipulated
sanction to be imposed. Barker stipulates that there is sufficient evidence in the Commission’s files
and records to support the findings of fact, conclusions of law, and order set forth below.

By signing below, Barker acknowledges, understands, stipulates, and agrees to the following:
(i) he has been fully advised of his rights to notice and a hearing to contest the findings of fact,
conclusions of law, and order set forth below, and fully and finally waives all such rights and any rights
to appeal or otherwise challenge this Stipulation of Facts and Final Order of Suspension and
Probation (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public document and
disclosed to the public upon request by the Commission; (iii) this Stipulation and Final Order is
contingent upon and subject to approval and adoption by the Commission. If the Commission does
not approve and adopt this Stipulation and Final Order, then neither Barker nor the Commission are
bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and understands it

completely; (v) he voluntarily, without any force or duress, enters into this Stipulation and Final Order
and consents to issuance and entry of the Stipulated Final Order below; (vi) he states that no promises
or representation has been made to induce him to sign this Stipulation and Final Order; and (vii) he
has consulted with an attorney regarding this Stipulation and Final Order and has been fully advised
Page 1 STIPULATION OF FACTS, 60 DAY SUSPENSION- JEFFREYALAN BARKER

with regard to his rights thereto, or waives any and all rights to consult with an attorney prior t0

entering into this Stipulation and Final Order and issuance and entry of the Stipulated Final Order

below.
STIPULATION OF FACTS

1) Barker has been licensed by the Commission since January 23, 2008. Barker holds an Initial
Teaching II License with a Special Education (ML/HS) endorsement, valid from October 4, 2014
until October 3, 2017. During the time in question, Barker was employed by McMinnville School
District but Barker has been employed by the Woodburn School District since 2013. Barker
received a Letter of Informal Reproval in November of 2012.

2) On December 2, 2013, the Commission received a report from the McMinnville School District
indicating Barker may have committed acts that constitute misconduct requiring a report to the
Commission. The district reported that Barker’s conduct may violate professional standards.

3) Investigation determined that Barker’s IEP paperwork for a student was knowingly
inaccurate; however, the inaccuracy only had the effect of continuing services for the student.
Barker expressed that the special education caseload at that time was over burdensome,
leading to high levels of stress and bad judgment, and that next time he would ask for more
assistance sooner.

/ / /
IT IS SO STIPULATED:
“a . I '-ark t Date .
i flfifl 11/11 L M é “V 146
ictoria Cham - lain, Executive Director Date
Teacher Standards and Practices Commission
CONCLUSIONS OF LAW
Jeffrey Alan Barker’s conduct described above constitutes gross neglect of duty in violation of
ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-0010(5) (Use
professional judgment), OAR 584-020-0025(2)(c)(Using and maintaining student records as
Page 2 STIPULATION OF FACTS, 60 DAY SUSPENSION- JEFFREYALAN BARKER
i
——_—__————_

1 required by federal and state law and district policies and procedures), and OAR 584-020-
2 0025(2)(e)( Using district lawful and reasonable rules and regulations).
3 The Commission’s authority to impose discipline in this matter is based upon ORS 342.175.
4 ORDER
5 The Commission hereby adopts and incorporates herein the above stipulation of facts,
6 conclusions of law, and based thereon hereby imposes a sixty (60) day suspension upon Barker’s
7 Educator License as follows:
8 Barker’s Educator License is hereby suspended for 60 days following the adoption of this
9 order.
1O Furthermore, the Commission imposes a period of four (4) years of probation upon Barker to
1 1 commence upon reinstatement 0f his license and subject to the following terms and conditions of
1 2 probation: '
i 13 1. Barker shall comply with the Standards for Competent and Ethical Performance of Oregon
14 Educators under Oregon Administrative Rules Chapter 584, Division 020.
1 5 Violation of any term or condition of probation shall constitute an independent basis for the
16 Commission to revoke Barker’s educator license or otherwise impose discipline, after first providing
1 7 Barker with notice and opportunity for hearing.
18
1 9
20 IT rs so ORDERED this LOLA day MAIL, 20L.
21 TEACHER STANDARDS AND PRACTICES COMMISSION
22 €
23 By: ZZ Z M M
24 Monica Beane, Executive Director
i
i
Page 3 STIPULATION OF FACTS, 3O DAY SUSPENSION- JEFFREY ALAN BARKER

CERTIFICATE OF MAILING
I HEREBY CERTIFY that I served the foregoing Stipulation of Facts and Final Order of Suspension
and Probation, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified Mail -
‘ Return Receipt Requested, addressed to:
Jeffery Alan Barker
14950 SW Smock St
Sherwood, OR 97140-7702
{1L
DATED this ,26 - day ofAugust, 2016.
By: PL)
Sheldon
Investigative Assistant
Certificate of Mailing — Jeffery Alan Barker
Data Classification Level: 1 — Published
D0: Sheldon