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Mark Frederick Kelly
Mark Frederick Kelly
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Bar #216755(FL)     License for 49 years; Member in Good Standing
Tampa FL

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03-004096PL  JIM HORNE, AS COMMISSIONER OF EDUCATION vs JOSEPHINE J. KNIGHT  (2003)
Division of Administrative Hearings, Florida Filed: Nov. 05, 2003
The issue is whether the Education Practices Commission should impose a penalty or sanctions against Respondent’s teaching certificate pursuant to Sections 1012.795 and 1012.796, Florida Statutes, and Florida Administrative Code Rule 6B-1.006, based upon the allegations contained in the Administrative Complaint.Respondent violated numerous provisions of Chapter 1012, Florida Statutes, including incompetence to teach or perform duties, gross immorality, moral turpitude, and embarassing students in class. Recommend teaching certificate be revoked for 10 years.
03-000913PL  CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs BRENDA MONTGOMERY  (2003)
Division of Administrative Hearings, Florida Filed: Mar. 17, 2003
Whether Respondent, an assistant principal, committed the offense alleged in the Administrative Complaint and the penalties, if any, that should be imposed.Assistant principal`s effectiveness was not impaired by her failure to adhere to instructions for a procurement.
02-003154  BROWARD COUNTY SCHOOL BOARD vs KEITH GOODLUCK  (2002)
Division of Administrative Hearings, Florida Filed: Aug. 13, 2002
The issue is whether Petitioner may terminate Respondent's contract for immorality, in violation of Section 231.36(1)(a), Florida Statutes, and Rule 6B-4.009, Florida Administrative Code; misconduct in office, in violation of Section 231.36(1)(a), Florida Statutes, and Rule 6B-4.009(3), Florida Administrative Code; and incompetency, in violation of Section 231.36(1)(a), Florida Statutes, and Rule 6B-4.009(1), Florida Administrative Code.Evidence fails to establish that teacher`s management of dropout prevention class constituted immorality, incompetency, or misconduct in office.
00-001203  BROWARD COUNTY SCHOOL BOARD vs DOROTHY D. CLEMONS  (2000)
Division of Administrative Hearings, Florida Filed: Mar. 21, 2000
The issues in this case revolve around the question whether Respondent's employment as a teacher in the Broward County Public School System should be terminated either for failure to correct identified performance deficiencies within the 90-day probation period prescribed by Section 231.29(3)(d), Florida Statutes, or for just cause as provided in Section 231.36(1)(a), Florida Statutes.The issues concerned whether a teacher`s employment should be terminated either for failure to correct identified performance deficiencies, pursuant to Section 231.29(3)(d), Florida Statutes, or for just cause as provided in Section 231.36(1)(a).
99-003735  BROWARD COUNTY SCHOOL BOARD vs EUGENE JONES  (1999)
Division of Administrative Hearings, Florida Filed: Sep. 02, 1999
Whether Respondent's employment should be terminated, as recommended by the then-Interim Superintendent of Schools, and, if not, whether Respondent (who has been suspended without pay pending the outcome of this dismissal proceeding) should be reinstated with "back salary."Continuing contract teacher could not be dismissed, pursuant to Section 231.29, Florida Statutes, for failure to correct performance deficiencies within a 90-day probationary period during the 1998-99 school year.
94-006074  PINELLAS COUNTY SCHOOL BOARD vs DEBORAH GREEN  (1994)
Division of Administrative Hearings, Florida Filed: Oct. 28, 1994
The issue in this case is whether the School Board of Pinellas County (School Board) should accept the Petitioner's recision of her resignation from her position as a high school teacher and reinstate her to her former position on the ground that her resignation was given under legal duress.Petition to rescind resignation on alleged duress (resign or be dismissed) Recommended Order: legal duress not proven. Unemployment Compensation claim not collateral estoppel. No handicap.
95-000711  THEOPHILIS J. KAKLIS vs CITY OF CAPE CORAL AND DENNIS J. FULKLENKAMP (DEL PRADO/NORTH COMMERCE PARK)  (1995)
Division of Administrative Hearings, Florida Filed: Feb. 17, 1995
By letter dated January 24, 1995, Petitioner informed Respondent that he was terminated from his employment with the City. Respondent demanded an evidentiary hearing. At the hearing, each party called six witnesses. Petitioner offered into evidence 41 exhibits, which were all admitted except for Petitioner Exhibit 31. Respondent offered 10 exhibits, which were all admitted. The City Ordinance authorizing the hearing requires a decision within 10 days of the hearing, leaving no time for the preparation of a transcript or proposed final orders.Dismissal of Assistant City Manager for misuse of city property.
90-004706  PINELLAS COUNTY SCHOOL BOARD vs DAWN MCINTYRE  (1990)
Division of Administrative Hearings, Florida Filed: Jul. 30, 1990
The issue in this case is whether the Petitioner, the Pinellas County School Board, should suspend the Respondent, Dawn McIntyre, from her employment as a teacher for three days without pay on charges contained in the July 11,1990, letter from the School Superintendent, Scott N. Rose. 1/ The letter charges: (1) that, on one occasion during the 1987-88 school year, the Respondent pushed a teacher aide; (2) that on May 9, 1990, the Respondent struck another teacher aide with a lamp; and (3) that the Respondent also handled two students in a rough, punitive manner during May and June, 1990. The charging letter asserts that the Respondent's alleged conduct constitutes misconduct in office.Teacher guilty of misconduct in office for unnecessary harsh dealing with aide. Corporal punishment violations were marginal. 3-day suspension

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