Leon FL Administrative law and Education Lawyers | Anthony D -- eLawyers

17-004212PL PAM STEWART, AS COMMISSIONER OF EDUCATION vs AMANDA AUSTIN (2017)

Division of Administrative Hearings, Florida Filed: Jul. 25, 2017

Whether Respondent violated section 1012.795(1)(j), Florida Statutes (2016), or Florida Administrative Code Rule 6A- 10.081(2)(a)1.; and, if so, what penalty should be imposed.Petitioner did not prove by clear and convincing evidence that Respondent violated the Principles of Professional Conduct.

13-002373RX UNITED FACULTY OF FLORIDA vs FLORIDA STATE BOARD OF EDUCATION (2013)

Division of Administrative Hearings, Florida Filed: Jun. 20, 2013

Whether Florida Administrative Code Rule 6A-14.0411 (“challenged rule”) is an “invalid exercise of delegated legislative authority” for the reasons alleged in the Amended Petition to Invalidate Rule (“Amended Petition”) filed by Petitioner.Petitioner has failed to show that rule 6A-14.0411 constitutes an invalid exercise of delegated legislative authority within the meaning of section 120.52(8)(b),(c), and (d), as alleged and the rule challenge cannot be sustained.

15-001884PL PAM STEWART, AS COMMISSIONER OF EDUCATION vs MICHAEL FORD (2015)

Division of Administrative Hearings, Florida Filed: Apr. 07, 2015

The issues to be determined are whether Respondent violated section 1012.795(1)(f),(g), and (j), Florida Statutes (2015), and Florida Administrative Code Rule 6A-10.081(3)(a) and (e), as alleged in the Amended Administrative Complaint. If it is found that Respondent has committed any of the statute or rule violations alleged, the penalty that should be imposed must also be determined.There is not clear and convincing evidence that Respondent threatened student or placed him in a chokehold. Rather, evidence showed use of reasonable force. Recommend dismissal of Amended Administrative Complaint.

12-001111RP KAREN PEEK, BETH WEATHERSTONE, AND FLORIDA EDUCATION ASSOCIATION vs STATE BOARD OF EDUCATION AND DEPARTMENT OF EDUCATION (2012)

Division of Administrative Hearings, Florida Filed: Mar. 26, 2012

The ultimate issue in this case is whether Respondents' proposed amendment to Florida Administrative Code Rule 6A-5.030, which would establish procedures and standards governing the submission, review, and approval (or disapproval) of each school district's instructional personnel and school administrator evaluation systems, constitutes an invalid exercise of delegated legislative authority.Respondents' proposed rule, which governs school district's teacher evaluation systems, is an invalid exercise of delegated legislative authority because Respondents failed materially to follow the rulemaking procedures.

11-003431PL DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs JAMES KING MCINTYRE (2011)

Division of Administrative Hearings, Florida Filed: Jul. 15, 2011

Whether there are sufficient grounds for the imposition of disciplinary sanctions against Respondent?s educator?s certificate, and if so, the nature of the sanctions.Petitioner failed to prove by clear and convincing evidence that Respondent was guilty of gross immorality or an act of moral turpitude. Recommend dismissal of Administrative Complaint.

10-010687PL DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs RANDALL WORLEY (2010)

Division of Administrative Hearings, Florida Filed: Dec. 16, 2010

The issues in this case are whether Respondent violated subsections 1012.795(1)(d), 1012.795(1)(g), and 1012.795(1)(j), Florida Statutes1/, and Florida Administrative Code Rules 6B- 1.006(3)(a),(e),(h) and (5)(a), and if so, what discipline should be imposed.Petitioner failed to prove by clear and convincing evidence that teacher engaged in an inappropriate relationship with student.

10-010022PL DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs DIANA O'NEILL (2010)

Division of Administrative Hearings, Florida Filed: Nov. 03, 2010

The issue in this case is whether just cause exists to sanction Respondent, Diana O'Neill (hereinafter "O'Neill"), for violation of Florida Statutes and Florida Administrative Code Rules governing the conduct of teachers in the State of Florida, and, if so, what sanction(s) should be imposed.Respondent engaged in regretful behavior, but Petitioner did not prove, by clear and convincing evidence, that Respondent's teaching certificate should be permanently revoked.

10-008012 ESCAMBIA COUNTY SCHOOL BOARD vs WILLIAM DALE KITE (2010)

Division of Administrative Hearings, Florida Filed: Aug. 19, 2010

The issue for determination is whether Mr. Kite ingested cocaine subsequent to his entry into a Return to Work Agreement with the Escambia County School Board on or about August 17, 2009. For the reasons explained more fully below, Mr. Kite should be reinstated to his position.Respondent did not violate the terms of his Return to Work Agreement and should be reinstated to his teaching position with back pay and benefits.

08-003630TTS OKALOOSA COUNTY SCHOOL BOARD vs JEROME MCINTOSH (2008)

Division of Administrative Hearings, Florida Filed: Jul. 24, 2008

: The issue to be resolved in this matter concerns whether the Okaloosa County School Board (Board) (District) (Petitioner) has just cause to terminate the Respondent's employment as a tenured classroom teacher with a professional services contract (PSC) within the meaning of Section 1012.33(1)(a), Florida Statutes (2007), for alleged misconduct in office.Petitioner failed to adduce pursuasive evidence that Respondent committed misconduct in office. Photos viewed on school computer were not pornogrpahic while off-duty, and the objectionable web-site was a private matter; and no proof that he created it.

07-004191FC STACY LEWIS vs JIM HORNE, AS COMMISSIONER OF EDUCATION (2007)

Division of Administrative Hearings, Florida Filed: Sep. 17, 2007

Lodestar amount cannot exceed $90.00 fee agreement between attorney and client. Hours expended are reduced to reflect absence of legal research in the Proposed Recommended Order.

Anthony Dominick Demma, Jr.