Judges: MICHAEL R. N. MCDONNELL
Agency: Department of Education
Latest Update: Feb. 05, 1980
Summary: Respondent falsified attendance records for summer physical education course. Respondent should be suspended for one year.
79-0813.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
PROFESSIONAL PRACTICES COUNCIL, )
)
Petitioner, )
)
vs. ) CASE NO. 79-813
)
BRENDA A. GOODMAN, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 9:00 a.m., on June 12, 1979, in Room 510, Richard P. Daniel State Regional Office Building, 111 Coast Line Drive East, Jacksonville, Florida.
Petitioner was represented by L. Haldane Taylor, Esquire, 2516 Gulf Life Tower, Jacksonville, Florida, 32207. Respondent was represented by William Kachergus, Esquire, 603 Florida Theatre Building, Jacksonville, Florida, 32202.
The Professional Practices Council (hereafter PPC) seeks to suspend the Florida Teachers' Certificate of Respondent, Brenda A. Goodman (hereafter Goodman), for alleged conduct which is inconsistent with good professional ethical practice, not a proper example for students and fellow educators or which is sufficiently notorious to bring Goodman and the education profession into public disgrace and disrespect. Specifically, Goodman is charged with falsifying class enrollment, attendance records and student grades.
FINDINGS OF FACT
Goodman holds Florida teaching certificate number 295031, post-graduate rank III, valid through June 30, 1983 covering the areas of physical education and junior college. At all times pertinent hereto, Goodman was employed in the public schools of Duval County, Florida, at Matthew Gilbert Seventh Grade Center as a physical education teacher.
During the summer school session of 1978, at Matthew Gilbert, Goodman was assigned as teacher for the physical education class to be held during that session. The class was funded through the Full-Time Equivalent (FTE) program. In order to maintain the allocation of FTE funds, there was a requirement that a minimum number of 28 physical education students be enrolled and in attendance.
In the event the required enrollment was not met, then the class could not be held. If that occurred, the teacher would receive no salary for the summer session relating to that course.
Goodman prepared a student attendance register for the summer school of 1978 physical education class beginning June 16, 1978, and ending July 28, 1979. That register reflects 28 enrolled students in the course. Goodman also
prepared two summer school class enrollment sheets for FTE reporting purposes. The first is dated June 29, 1978, and shows 28 students enrolled in physical education. The second is dated July 10, 1978, and reflects 27 full-time students enrolled in physical education.
Notwithstanding these enrollment sheets, actual student enrollment and attendance was far below that which was reported by Goodman.
Jacquelyn Merritt enrolled in the summer school physical education course but never attended. Nonetheless, the attendance register shows Ms. Merritt as having attended 28 days. Ms. Merritt was awarded the grade of "B" for the course.
Lorretta Roundtree neither enrolled nor attended physical education class. Nonetheless, the attendance register reflects 30 days attendance and Ms. Roundtree received a grade of "A" for the physical education course.
Patricia Willis never attended the physical education class although she did enroll. The student attendance register reflects that Ms. Willis attended 30 days and received a grade of "B" for the physical education course.
Cimmie McBride attended the physical education class for about a week. However, the class attendance register reflects 30 days attendance for Ms. McBride and she ultimately received a grade of "A" for the physical education course.
Shelia Jackson attended one day of physical education during the summer school session but the student attendance register reflects 28 days attendance. Ms. Jackson received a grade of "B" for the physical education course.
Carla Todd did not enroll in nor attend the summer school physical education class but the student attendance register shows Carla Todd being present for 30 days. Ms. Todd received a grade of "A" for the physical education class.
Raymond Riley did not attend the summer school but the student attendance register reflects 28 days attendance and Mr. Riley received a grade of "B" for the physical education course.
Steve Simon never attended summer school but the student attendance register reflects 29 days attendance and Mr. Simon received a grade of "B" for the physical education course.
Deidra Sampson enrolled in the physical education course for the summer school session and attended three or four days. However the student attendance register reflects 30 days attendance and Ms. Sampson was awarded a grade of "A" for the physical education course.
Claudia Tyson never enrolled in nor attended physical education during the summer school session hut the student attendance register reflects 28 days of attendance and Ms. Tyson received a grade of "B" for the physical education course.
Martin Vaughn attended one day of physical education during the summer school session but the student attendance register reflects 30 days of
attendance. Mr. Vaughn received a grade of "B" for the physical education class.
Sharon Williams enrolled in the physical education course but never attended any classes. Nonetheless, the student attendance register reflects 30 days attendance and Ms. Williams received a grade of "A" for the physical education course.
Hellen Pinkney enrolled in the physical education course for the summer school session but never attended. Nonetheless, the student attendance register reflects 30 days attendance and Ms. Pinkney received a grade of "A" for the physical education class.
Willie Ward attended the physical education class during summer school for approximately one week. The student attendance register reflects 29 days attendance and Mr. Ward received a grade of "B" for the physical education class.
It was Goodman's responsibility to prepare the student attendance registers and grade reporting forms for her class. The evidence establishes that Goodman's signature appears on those forms which reflect inaccurate attendance data and the award of undeserved grades.
Goodman signed her name to official reports that were patently incorrect. If the reports had been submitted correctly then FTE funds would have been terminated for the physical education class. Had the class been cancelled, Goodman would not have received remuneration for her services as a physical education instructor during that summer session of school. The evidence does not establish Goodman's motivation as being that of protecting her income or insuring that the course was made available to those students who did attend.
Goodman's efficiency ratings reflect that she is an otherwise effective teacher.
CONCLUSIONS OF LAW
The evidence established that Goodman falsified her class enrollment, attendance records and students' grades. Such conduct is inconsistent with good professional ethical practice, is not a proper example for students and fellow educators and is sufficiently notorious to bring Goodman and the education profession into public disgrace and disrespect.
However, because of Goodman's otherwise good record, it is
RECOMMENDED that the State Board of Education suspend the Florida Teachers' Certificate of Goodman for a period of one school year, thereafter allowing Goodman to resume her teaching duties.
DONE and ENTERED this 29th day of October, 1979, in Tallahassee, Florida.
MICHAEL R. N. MCDONNELL
Hearing Officer
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
COPIES FURNISHED:
L. Haldane Taylor, Esquire 2516 Gulf Life Tower Jacksonville, Florida 32207
William Kachergus, Esquire 603 Florida Theatre Building Jacksonville, Florida 32202
================================================================= AGENCY FINAL ORDER
================================================================= BEFORE THE STATE BOARD OF EDUCATION OF FLORIDA
IN RE: BRENDA A. GOODMAN CASE NO. 79-813
/
ORDER
THIS CAUSE came on to be heard before the State Board of Education, duly assembled, upon the petition of Lynnl Guettler as Chairman of the Professional Practices Council for the revocation of the teacher's certificate of the Respondent, BRENDA A. GOODMAN, Department of Education Number 295031.
This Board having reviewed the findings and recommendation of the Hearing Officer for the Division of Administrative Hearings and further having reviewed the entire record; and
It appearing that the Respondent has been granted all procedural and other constitutional rights in the premises, and the Board having had due deliberation thereon, the Board makes the following findings of fact and conclusions of law:
BRENDA A. GOODMAN presently holds Florida Teacher's Certificate Number 295031, valid until June 30, 1983. The Board adopts the Findings of Fact, Conclusions of Law and Recommendation of the Hearing Officer for the Division of Administrative Hearings at its own, which is incorporated and by reference made part of this Order.
ORDERED AND ADJUDGED that the teaching certificate of BRENDA A. GOODMAN, Respondent, Department of Education Number 295031, is hereby suspended for a period of one year beginning January 8, 1980, as provided in 231.28, Florida Statutes.
DONE at the State Board of Education meeting in open session at Tallahassee, Florida, on the 8th day of January, 1980.
EXECUTED AND RENDERED on this 1st day of February, 1980.
Bob Graham, Governor; Chairman
George Firestone, Secretary of State
Jim Smith, Attorney General
Gerald A. Lewis, Comptroller
Bill Gunter, Treasurer
Ralph D. Turlington, Commissioner of Education, Secretary-Executive Officer
Doyle Conner, Commissioner of Agriculture
As and constituting the State Board of
of Education of Florida as assembled for the purposes herein.
Duly recorded in the official records of the State Board of Education of Florida.
I HEREBY CERTIFY that copies of the foregoing Order in the matter of Brenda A. Goodman were sent to Mr. L. Haldane Taylor, Administrative Hearings by U.S. Mail on this 4th day of February, 1980/
Hugh Ingram, Administrator Professional Practices Commission
================================================================= AGENCY FINAL ORDER
=================================================================
DEPARTMENT OF EDUCATION EDUCATION PRACTICES COMMISSION
PROFESSIONAL PRACTICES COUNCIL,
Petitioner,
vs. CASE NO. 78-813
BRENDA A. GOODMAN,
Respondent.
/
FINAL ORDER
Respondent Brenda A. Goodman holds Florida teaching certificate number 295031, post-graduate, Rank III. On January 25, 1979, an Administrative Complaint was filed against Respondent seeking a suspension or revocation of her certificate. A hearing was held before Michael R. N. McDonnell, hearing officer for the Division of Administrative Hearings, on June 12, 1979. A recommended order has been forwarded to the Education Practices Commission, newly created and empowered under Sections 231.261 and 231.262, F.S. to take final agency action in disciplinary matters involving the certificates of educators.
A duly constituted panel of the Commission met on February 16, 1981 and considered the recommended order and the exceptions filed by the Respondent. The Petitioner was represented by L. Haldane Taylor, Esquire, and the Respondent by William F. Kachergus, Esquire.
The teacher panel of the Commission adopts the findings of fact of the recommended order as follows:
FINDINGS OF FACT
Goodman holds Florida teaching certificate number 295031, Post-Graduate Rank III, valid through June 30, 1983, covering the areas of physical education
and junior college. At all times pertinent hereto, Goodman was employed in the public schools of Duval County, Florida, at Matthew Gilbert Seventh Grade Center as a physical education teacher.
During the summer school session of 1978, at Matthew Gilbert, Goodman was assigned as teacher for the physical education class to be held during that session. The class was funded through the Full-Time Equivalent (FTE) program. In order to maintain the allocation of FTE funds, there was a requirement that a minimum number of 28 physical education students be enrolled and in attendance.
In the event the required enrollment was not met, then the class could not be held. If that occurred, the teacher would receive no salary for the summer session relating to that course.
Goodman prepared a student attendance register for the summer school of 1978 physical education class beginning June 16, 1978, and ending July 28, 1979. That register reflects 28 enrolled students in the course. Goodman also prepared two summer school class enrollment sheets for FTE reporting purposes.
The first is dated June 29, 1978, and shows 28 students enrolled in physical education. The second is dated July 10, 1978, and reflects 27 full-time students enrolled in physical education.
Notwithstanding these enrollment sheets, actual student enrollment and attendance was far below that which was reported by Goodman.
Jacquelyn Merritt enrolled in the summer school physical education course but never attended. Nonetheless, the attendance register shows Ms. Merritt as having attended 28 days. Ms. Merritt was awarded the grade of "B" for the course.
Lorretta Roundtree neither enrolled nor attended physical education class.
Nonetheless, the attendance register reflects 30 days attendance and Ms. Rountree received a grade of "A" for the physical education course.
Patricia Willis never attended the physical education class although she did enroll. The student attendance register reflects that Ms. Willis attended
30 days and received a grade of "B" for the physical education course.
Cimmie McBride attended the physical education class for about a week. However, the class attendance register reflects 30 days attendance for Ms. McBride and she ultimately received a grade of "A" for the physical education course.
Sheila Jackson attended one day of physical education during the summer school session but the student attendance register reflects 28 days attendance. Ms. Jackson received a grade of "B" for the physical education course.
Carla Todd did not enroll in nor attend the summer school physical education class but the student attendance register shows Carla Todd being present for 30 days. Ms. Todd received a grade of "A" for the physical education class.
Raymond Riley did not attend the summer school but the student attendance register reflects 28 days attendance and Mr. Riley received a grade of "B" for the physical education course.
Steve Simon never attended summer school but the student attendance register reflects 29 days attendance and Mr. Simon received a grade of "B" for the physical education course.
Deidra Sampson enrolled in the physical education course for the summer school session and attended three or four days. However the student attendance register reflects 30 days attendance and Ms. Sampson was awarded a grade of "A" for the physical education course.
Claudia Tyson never enrolled in nor attended physical education during the summer school session but the student attendance register reflects 28 days of attendance and Ms. Tyson received a grade of "B" for the physical education course.
Martin Vaughn attended one day of physical education during the summer school session but the student attendance register reflects 30 days of attendance. Mr. Vaughn received a grade of "B" for the physical education class.
Sharon Williams enrolled in the physical education course but never attended any classes. Nonetheless, the student attendance register reflects 30 days attendance and Ms. Williams received a grade of "A" for the physical education course.
Hellen Pinkney enrolled in the physical education course for the summer school session but never attended. Nonetheless, the student attendance register reflects 30 days attendance and Ms. Pinkney received a grade of "A" for the physical education course.
Willie Ward attended the physical education class during summer school for approximately one week. The student attendance register reflects 29 days attendance and Mr. Ward received a grade of "B" for the physical education class.
It was Goodman's responsibility to prepare the student attendance registers and grade reporting forms for her class. The evidence established that Goodman's signature appears on those forms which reflect inaccurate attendance data and the award of undeserved grades.
Goodman signed her name to official reports that were patently incorrect.
If the reports had been submitted correctly then FTE funds would have been terminated for the physical education class. Had the class been cancelled, Goodman would not have received remuneration for her services as a physical education instructor during that summer session of school. The evidence does not establish Goodman's motivation as being that of protecting her income or insuring that the course was made available to those students who did attend.
Goodman's efficiency ratings reflect that she is an otherwise effective teacher.
CONCLUSIONS OF LAW
The panel rejects the Respondent's Exceptions to the recommended order. The exceptions constitute requests to make additional findings of fact. The Respondent did not file proposed findings of fact asking the hearing officer to rule on these matters, as she was entitled to do pursuant to Stuckey's of Eastman, Georgia vs. Department of Transportation, 340 So.2d 119 (Fla. 1st DCA,
1976) and Forrester vs. Career Service Commission, 361 So.2d 220 (Fla 1st DCA, 1978). Therefore, this panel has no power to modify, by making additional findings, the findings of fact. See Section 120.57(1)(b)9, F.S.
The panel concludes that the actions of the Respondent as found above constitute;
a violation of Section 232.023, F.S., which makes the falsification of attendance records a revocable offense;
a failure to meet the requirements of Section 232.021, F.S.;
As such it is a violation of Department of Education rule 6B-5.03(1)(a), the penalty for violation of which is suspension or revocation; and
A failure to practice her profession at the highest ethical standard, as required by Department of Education rule 6B-1.
However, since Respondent is apparently functioning well as a teacher in classroom, this panel chooses not to impose a penalty that would remove the Respondent from the classroom. As part of the penalty in this case a letter or reprimand will be sent to the Respondent, her employer, and the Office of Teacher Certification. In addition, this teacher panel of the Education Practices Commission hereby
ORDERS that the Respondent, Brenda A. Goodman, is placed on probation for a period of 3 years, during which time she shall obey all laws, rules, and regulations of the State of Florida and the teaching profession, and she shall report at regular intervals to the Department of Education.
DONE AND ORDERED this 2nd day of March, 1981.
Aaron Bethel Presiding Officer
Filed in the records of the Education Practices Commission and copies furnished to all parties this 9th day of March, 1981.
Donald L. Gresheimer Clerk
Docket for Case No: 79-000813
Orders for Case No: 79-000813
| Issue Date |
Document |
Summary |
|
Feb. 04, 1980 |
Agency Final Order
|
|
|
Oct. 29, 1979 |
Recommended Order
|
Respondent falsified attendance records for summer physical education course. Respondent should be suspended for one year.
|
