Division of Administrative Hearings, Florida
Filed: Oct. 03, 2019
The issues are whether Respondent threw a chair at one student, missed him, but hit a desk that impacted and injured another student; if so, whether such conduct constitutes a violation of section 1012.27(5), Florida Statutes (2018), or any of the various School Board Policies (Policies) or Department of Education rules (Rules) discussed below; and, if so, whether Petitioner's termination of Respondent is consistent with the provision of progressive discipline set forth in the Collective Bargaining Agreement for the period, July 1, 2017, through June 30, 2020 (CBA).Petitioner failed to prove that teacher’s shoving of chair along the floor at a student, in fear after student had charged teacher and tried to intimidate her, violated any applicable statutes or rules so as provide just cause for the teacher’s dismissal.
