STATE OF NEW MEXICO PUBLIC EDUCATION DEPARTMENT INTHE MATTER OF RICHARD EDWARDS. Licensure File #317-428 and STACI GALLAHER Licensure File #352-801 ) ) ) ) ) ) ) ) Licensees Respondents)» AGREEMENT ON LICENSURE iD DIST! TE! “This Agreement on Licensure (“Agreement”) is between Richard Edwards and Staci Gallaher ("Licensees"), Central Consolidated School District ("CCSD") and the New Mexico Public Education Department ("PED"), together comprising the partes, and is deemed executed in Santa Fe, New Mexico, ‘on the most recent date of the parties’ signatures WHEREAS Licensees currently hold valid New Mexico education licenses; WHEREAS under the School Personnel Act, NMSA 1978, §22-10A-l ef seq. the Publis Educa- tion Department Act, NMSA §9-24-1 ef seq. and the Uniform Licensing Act, NMSA 1978, §61-I-1, ef seq., the PED may suspend, revoke or take other disciplinary action against a Licensee’s license for incompetency, moral turpitude or any other good and just cause; and WHEREAS the PED issued Notices of Contemplated Action (NCA) against both Mr. Edwards and Ms. Gallaher on or about May 18, 2015, in which it proposed to revoke, suspend or take other disci- plinary action against each Licensee's educator licensure for allegedly violating certain provisions of the Standards of Professional Conduct for PED professional licensees; WHEREAS the PED alleges that by engaging in the conduct described in the Notices of Conten- plated Action, Licensees violated certain provisions of the Standards of Professional Conduct for PED professional licensees, 6.60.9.9 NMAC. WHEREAS Licensees deny a violation of the applicable standards, deny any wrongdsing, and assert various defenses tothe allegations asserted by PED; WHEREAS the Heating Officer has issued orders recommending tothe Secretary dismissal of one count ofthe charges against Licensee inthe Edwards case; WHEREAS CCSD secks to participate in this Agreement in an effort to support the continued licensure of Mr. Edwards and Ms. Gallaher, and to cooperate with PED to ensure that PED’s concerns are addressed; WHEREAS the Parties wish to resolve their differences by agreement and avoid the cost time and uncertainty of a lengthy administrative hearin, WHEREAS Licensees intend to waive all rights to notice and a hearing related to this meter;NOW THEREFORE, Licensees, CCSD and the PED mutually spree and stipulate to the follow- ing disposition 1. Licensees will each complete an educator ethics course agproved by the PED by May 31, 2016, psi for by CCSD. Licensees shall provide PED with a certificate of completion of the course on ot before June 30, 2016 2. Licensees’ license(s) shall be suspended for two years, beginning from the date of execu- tion of the agreement. Such suspension shall be deferred, with Licensees placed on probation for two ‘years, with the following terms and conditions: 8). From the date of execution ofthis agreement, Licensees shall be on probation, during which time each Licensee shall reffan from changing grades, the weighting of grades, substituting ‘any other score for a zero when the student has not eared a higher score, interfering in any ‘way with the judgement or grading ofthe teacher of record for any course; asking or re- ‘questing any teacher of record to change a grade; or retaliting against any CCSD employee ‘or student for reporting allegations of cheating. i. Licenses agree to follow and to requits thet ther employees follow the procedures recommended bythe softvare Edgenuity program or any online credit ecovery program ullized by the shools where each licensee serves nan administrative capacity o,ithey are no longer ata specific schoo, in the distiet where they ae employed ii, Licensees agree not to violate any school distict policy or any provision of the PED's Standards of Professional Conduct. 3. Only if Ms. Gallaher fails to successfully complete her probationary period will she be is- sued a factually accurate reprimand, which will be reported to NASDTEC, and placed in her PED file. 4, Licensees acknowledge that the PED shall monitor Licensees" compliance with all of the bovesmentioned conditions of this Agreement and that in the event either Licensee fils to comply with any of them, then 1 The failure of either Licensee o suecessfully comply with any of the terms and condi- tions set inthe paragraph(s) above will result in the New Mexico Public Education De- partments revocation of that Licensee's licensure, under the following conditions. b. In the event that # material violation of the Stardards of Professional Conduct is alleged against the Respondent during the term of probation, the PED will carry the burden of demonstrating that a material violation of this ‘agreement has occurred under applicable, existing standards and the following expedited procedures in pursuing other disciplinary action, upt0 and _in- cluding licensure suspension and revocation;i) PED will file a Notice of Cortemplated Action, providing forthe Licensee to file a request for hearing within 10 days aftr service of the notice by depositing in the mail a certified return receipt requested leter addressed to “Prosecutions Paralegal” st PED's Office of General Counsel, containing a request fora hearing and request for the names and addresses ‘of witnesses who will of may be called by PED to testify atthe hearing ii) If Licensee mails a request for hearing within the 10 days agreed upon, ‘within 10 days of receipt of the request, FED shall notify Licensee of the time and place of hearing, the name of the person who shall conduct the hhearing for the board, andthe statutes and regulations authorizing the board to take the contemplated action, via a notice of hearing. iil) The hearing shall be held not more than thy (30) and not less than 10 days from the date of service of the notice of hearing. iv) Both parties will cooperate in providing discovery under §61-1-8(B)(1) and (2) to the other within 7 days of receiving the delivery of such request. If Licensee chooses to conduct depositions, she will move for a continuance Of the hearing and waive the time limitatons under the above agreement and under the Uniform Licensing Act. ©. The failure of Licensees to suecessfully comply with any of the terms and condi- tions inthe paragraph(s) above may result inthe P2D's reinstitution of proceedings against the Respondent, including the ability to einstitte the pending NCA. 4. If Licensee completes the probationary period without PED demonstrating a new material violation of the Standards of Professional Conduct through existing PED due process procedures, Licensee's deferred actior status will end, PED will waive and release the claims made in the current NCA, and Respondents license will be returned to its former status. © Any educator license applications Licensees may have submitted to the PED when this occurs shall be deemed recommended for denial by the PED and the denial recommendation, as evidenced by this Agreement, shall, if accepted by the Secre- lary, be incorporated into a Decision and Order Ey the Seeretary of Education to formally deny all Licensees’ then-current license agplications; and 3. Provided that Licensees comply with all the conditions contained in this Agreement, as well as all curent application rules and procedures, atthe suecessful conclusion ofthe two year deferred suspension period, Licensees" licensure shall return to their former status, provided that no licenses have ‘expired in the meantime and PED shall dismiss the Notices of Conterrplated Action against both with prejudice6 ‘The PED retains jurisdiction over this Agreement for the pendency of the deferred suspen- sion period and retains jurisdiction forthe implementation of any disciplinary action that may occur as the result ofa violation of paragraphs 1 or 3 above. 7. Licensees understand the contents of this Agreement on Licensure and have had the op- portunity to consult with legal counsel, and have consulted with Jason Marks, Esq. CCSD also under- stands the contents of this Agreement and bas consulted with Michael Carrico, Esq, Licensees execute the same with a knowledge and understanding of any legal rights or defenses they may be waiving by enter- ing into this Agreement, and provide that the waiver of any legal rights or defenses is knowing, intention al, and voluntary. 8 CCSD agrees to implement ant-cheating protocols throughout the district as follows: 1) Flyers of at least 11.5” by 14” inches, approved by PED, will be posted at each and every school in the CCSD school district, stating in large leters that cheating will not be tolerated and urging anyone to report cheating to a teacher, administrator, or to PED Licensure Investigations Unit (with its number and email address included), no later than to weeks afler the execution of this agreement through the end of the 2017 school yea, ) CCSD will ensue that schoo! staff shall actively monitor students during all graded as- signments, quizzes, and tests using computer-based curricula, Monitoring shal cor of the teaching staff moving around the room to enable staff to observe each student’s computer use and/or use of a computer-based monitoring system, such as Web War- My Commission expinAGREED: lan Pond. Tanna Sander, Seretary Education Education Building, 300 Don Gaspar Ave. Santa Fe, NM 87501-2786 (505) 827-6688 Dated:__ BAIS” State ofNew Mexico) ds County of Santa Fe ) ACKNOWLEDGEMENT OF THE PUBLIC EDUCATION DEPARTMENT ‘BY HANNA SKANDERA, SECRETARY OF EDUCATION Sueded ard gram before mein the above named county ofthe lat of New Mexico wis 22 aay of 2 Gah 2015. ‘Notary PubHe forthe State of New Mexico My Commission expires!