Hillsborough FL and Employment and labor Lawyers | Mark Fre -- eLawyers

06-001072 MIAMI-DADE COUNTY SCHOOL BOARD vs NESTOR VARONA (2006)

Division of Administrative Hearings, Florida Filed: Mar. 24, 2006

Whether the Respondent committed the violations alleged in the Notice of Specific Charges served April 19, 2006, and, if so, the penalty that should be imposed.Respondent submitted a transcript showing college course credits to Petitioner`s Certification Office, when he had not expended any academic effort in coursework, and therefore committed misconduct in office. Recommend that his employment be terminated.

14-003012TTS BROWARD COUNTY SCHOOL BOARD vs STEVEN YERKS (2014)

Division of Administrative Hearings, Florida Filed: Jun. 26, 2014

The issue is whether Respondent may terminate Respondent's professional service contract for just cause, including a failure to correct performance deficiencies, pursuant to sections 1012.33(1)(a) and 1012.34(4), Florida Statutes.Petitioner failed to prove teacher's failure to correct performance deficiencies. Data from Marzano iObservation forms unreliable due to observers' carelessness, incompetence, and confirmation bias. When forms rescored, Respondent was efficient.

12-001254TTS ST. LUCIE COUNTY SCHOOL BOARD vs LURANA HILLARD (2012)

Division of Administrative Hearings, Florida Filed: Apr. 11, 2012

Whether Petitioner had a contractual obligation, which it breached, to employ Respondent during the 2009-2010 school year, and, if so, what damages should be awarded.School psychologist, whose DROP particpation had been extended for three additional school years, was not, by virtue of the approval of that extension, entitled to the renewal of her annual contract for the the last of these three additional school years.

12-002083TTS BROWARD COUNTY SCHOOL BOARD vs CHRISTOPHER MARSHALL (2012)

Division of Administrative Hearings, Florida Filed: Jun. 14, 2012

Whether just cause exists to suspend Respondent without pay for a total of ten days, based on two separate incidents.Petitioner proved, by a preponderance of the evidence, that Respondent was guilty of gross insubordination.

10-000550FC TODD RAVEN vs MANTEE COUNTY SCHOOL BOARD (2010)

Division of Administrative Hearings, Florida Filed: Feb. 08, 2010

The amount of attorney's fees and costs to be awarded to Petitioner, pursuant to the order on remand from the Second District Court of Appeal, in Raven v. Manatee County School Board, 32 So. 3d 126 (Fla. 2d DCA 2009), pursuant to Subsection 120.595(5), Florida Statutes (2009).1On remand from the Second District Court of Appeal, it was determined that DOAH had jurisdiction and that reasonable attorney's fees were $37,100.00 and reimbursable costs were $4,469.68.

06-001073 MIAMI-DADE COUNTY SCHOOL BOARD vs MICHAEL SPIVEY (2006)

Division of Administrative Hearings, Florida Filed: Mar. 24, 2006

Whether Respondent committed the violations alleged in the Notice of Specific Charges and, if so, what disciplinary action should be taken against him.The charges that Respondent did not engage in any "academic effort" to earn colleges credits that were used to renew his teaching certificate were not proven. Recommend reinstatement with back pay.

05-003554 BROWARD COUNTY SCHOOL BOARD vs ALSAVION SMITH (2005)

Division of Administrative Hearings, Florida Filed: Sep. 27, 2005

At issue is whether there is just cause for Petitioner Broward County School Board (Petitioner or School Board) to terminate the employment of Respondent, Alsavion Smith's (Respondent) by reason of immorality and moral turpitude as alleged in the Administrative Complaint dated August 24, 2005 (Complaint).Teacher was guilty of immorality and moral turpitude by reason of marijuana posession; there being just cause, termination is recommended.

01-000786 JERRY ANN WINTERS vs BOARD OF REGENTS AND UNIVERSITY OF SOUTH FLORIDA (2001)

Division of Administrative Hearings, Florida Filed: Feb. 26, 2001

The amount of attorneys' fees and costs to be awarded to Jerry Ann Winters (Petitioner) based on the Order of the Second District Court of Appeals dated November 8, 2002, and pursuant to Subsection 120.595(5), Florida Statutes (2003).Order Reducing Fee Award Pursuant to Remand.

05-000813RU FLORIDA EDUCATION ASSOCIATION vs FLORIDA STATE BOARD OF EDUCATION (2005)

Division of Administrative Hearings, Florida Filed: Mar. 03, 2005

Petitioner, Florida Education Association ("FEA"), filed a Petition to Invalidate Administrative Action pursuant to Subsection 120.56(4)(a), Florida Statutes (2004), challenging the validity of a Technical Assistance Paper issued by the Florida State Board of Education, Department of Education, K-12 Student Achievement, Bureau of Student Assistance ("BOE"), alleging that it is an unpromulgated rule. The challenged Technical Assistance Paper dated March 2005, is titled "Modifications to the Consent Decree in the League of United Latin American Citizens et al. v. The State Board of Education, 1990."Respondent`s document that explained the impact of a federal consent order, and was distributed to local school districts, did not constitute a "rule" as defined by Section 120.52(15), Florida Statutes.

04-001102TTS BROWARD COUNTY SCHOOL BOARD vs WILLIAM BENCHIK (2004)

Division of Administrative Hearings, Florida Filed: Mar. 30, 2004

At issue is whether Petitioner School Board of Broward County (School Board or Petitioner) should terminate the employment of Respondent William Benchik (Respondent or Benchik) for gross insubordination and/or for leaving work without authorization on September 3, 2003.Respondent`s multiple failures to follow supervisor`s reasonable instructions constitute gross insubordination. Recommend that termination is warranted.

Mark Frederick Kelly