Petitioner Florida Education Association (FEA) filed a Petition to require Respondent Department of Education (DOE) to initiate rule-making and has challenged the validity of two documents issued by DOE, alleging that they are unpromulgated rules. The challenged documents are a January 22, 2001, memorandum to District Management Information System Coordinators and District Assessment Coordinators and a March 23, 2001, memorandum to District School Superintendents, regarding "Responsible Instructor--Reading, Writing, and Mathematics."January 22, 2001, and March 23, 2001, memoranda of Department of Education do not constitute unpromulgated rules of that agency. "Responsible instructor data element" is not a rule under Section 120.52(15), Florida Statutes.

Whether the allegations of the Administrative Complaint are correct and, if so, what penalty should be imposed.Teacher display of razor blade and threatening remarks to disruptive student violates rule, suspension recommended.

The issues in this case concern whether the Petitioner, School Board of Bay County, should terminate the Respondent from his position of employment and his status as a continuing contract teacher for allegedly committing "misconduct in office."Evidence didn't show respondent disparaged; made sexually suggestive remarks and was

Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint.Respondent is not guilty of any aggregious offense; Hearing Officer recommends that complaint be dismissed.

Whether petitioner should take disciplinary action against respondent for the reasons alleged in Superintendent Bruner's letter of July 28, 1983?School Board has failed to prove deliberate misconduct on the part of Respondent. Respondent should be reimbursed back pay and reinstated.

Petitioner didn't produce enough evidence of Respondent's wrongdoing to support discipline. Recommend dismissal of charges against Respondent.

Whether Respondent's teaching certificate should be suspended or revoked, or the Respondent otherwise disciplined, pursuant to Chapter 231, Florida Statutes, as set forth in the Administrative Complaint dated April 9, 1981. This case arises as a result of an administrative complaint filed by the Commissioner of Education on April 9, 1981 against the Respondent Isome Francis, a physical education instructor at St. Johns Elementary School, Quincy, Florida. The complaint consists of twenty-one substantive counts of alleged misconduct on the part of Respondent at various times from 1975 through the 1979-80 school year. These generally include several allegations that Respondent made improper advances toward female students; that he pulled the teeth of various students; that he left the playground area unsupervised on a number of occasions, during several of which students injured themselves; that he failed to file accident reports concerning student injuries; and that he administered "unusual" corporal punishment and other methods of discipline against students at various times. The complaint recites that Respondent is therefore in violation of Section 231.28(1), Florida Statutes, in that he is guilty of gross immorality, moral turpitude, conduct which seriously reduces his effectiveness as an employee of the School Board, and incompetency to teach and perform duties as such an employee. It also alleges that his actions were contrary to Section 231.09, Florida Statutes, in that he failed to set a proper example for students, and Section 231.27, Florida Statutes (apparently referring to Section 232.27, F.S.) in that he failed to follow provisions of law in administering corporal punishment. In his answer to the complaint, Respondent denied all of the substantive allegations, except those dealing with extraction of loose teeth. Respondent admitted that he assisted students in that regard at various times, but denied any wrongful actions in so doing. He further defends on the ground that the charges should be barred by the agency's failure to assert them within a reasonable time from their occurrence. Respondent requested an administrative hearing on the charges. The final hearing was originally scheduled for September 10, 1981, but was continued until September 29, 1981, at the request of Petitioner. It was continued again until October 6, 1981, upon a determination that the hearing properly should be held in Quincy rather than Tallahassee due to the numerous witnesses expected to testify at the hearing. Post-hearing Memorandums filed by the parties have been fully considered and those portions thereof that have not been adopted herein are considered to be either unnecessary, irrelevant, or unsupported in law or fact.Insufficient evidence presented to warrant disciplinary action against Respondent.