Respondent. )
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K.N. Ayers, held a public hearing in the above- styled case on June 19, 1979 at Clearwater, Florida.
For Petitioner: George M. Osborne, Jr., Esquire
St. Petersburg, Florida 33701
For Respondent: Lawrence D. Black, Esquire
By letter dated April 23, 1979 the Superintendent of Pinellas County schools, acting on behalf of the School Board of Pinellas County, Petitioner, advised F. Perry Barlow, Respondent, that a recommendation was being submitted to the School Board that Barlow be dismissed and that his continuing contract status be terminated. As grounds for the proposed action it is alleged that Respondent failed to meet the standards of Competence Performance outlined in Chapter 6B-4 and that Respondent failed to maintain classroom discipline: that Respondents planning, both short and long range, has bee inadequate; and his testing and evaluating procedures are unsatisfactory.
By letter dated April 24, 1979 Respondent, by and through his attorney, requested a hearing on the charges and this hearing followed.
At the hearing nine witnesses were called by Petitioner, five witnesses, including Respondent, testified on behalf of Respondent, and 11 exhibits were admitted into evidence.
A review of Exhibit 1, the personnel record of Respondent, discloses that Respondent has been employed by the Pinellas County School Board since 1959; that he has taught science at various junior high schools and middle schools from 1958 to present; that deficiencies in maintaining discipline in his classes, judgment, maturity, and planning have been noted on his evaluation
reports throughout that period; his evaluation reports have generally been below average; after extending his probationary period he was granted continuing contract status in 1971; and his evaluations have been unsatisfactory for the last three years.
All of the witnesses called by Petitioner have been associated with Respondent in the school system and all considered his performance as a classroom teacher unsatisfactory.
Specific incidents observed by the witnesses which led to their evaluation an characterization of Respondent include:
Children in Respondents classroom intentionally hyperventilating and passing out while Respondent was in the room presumably continuing his instruction.
Children in Respondent's classes more disorderly, rowdy, and noisy than in any other class.
Noises from Respondent's classes of sufficient volume to disturb adjacent classes.
Respondent continuing his reading of a lesson in a voice that could be heard only a few feet away while the students in other parts of the classroom talked, fought, played games and otherwise ignored Respondent.
No rational grading system adopted or used by Respondent. This resulted in numerous complaints from both students and their parents respecting the grades assigned. In this respect more complaints were registered against Respondent's grades that any other teacher.
Respondent often sent children to the principal for minor disciplinary problems while he ignored much more serous misconduct.
Lack of coherence in Respondent's instruction in jumping from one subject to another with no plan and no continuity.
Children in Respondents class recognized his inability to control the class and evinced lack of respect for Respondent.
Despite numerous counselling sessions and help, Respondent never produced adequate lesson plans for his classes. Lack of plans led to less continuity in the lessons and a lower teaching level.
A combination of lack of discipline, lack of proper planning and inconsistent reaction to the students in his class led to the inevitable conclusion that the students in Respondent's classes were not learning those things he was supposed to teach them.
On one or more occasions Respondent disobeyed the orders of his principal to come to his office to discuss problems. respondent refused to be counselled without a union representative present.
Following nearly three years of counselling, guidance and attempts to assist Respondent to improve his effectiveness at Fitzgerald Middle School, the school authorities apparently determined that Respondent should be terminated and requested an evaluation of Respondent by a Professional Practices Council
Evaluator. Respondent was advised some two weeks before his arrival that an evaluator would come to observe Respondent conduct his classes and that the evaluator would submit a report following the observation.
Pursuant thereto the evaluator spent February 27, 28, and March 1, 1979 observing Respondent conduct his classes. His report of this evaluation comprises Exhibit 11. In this report Respondent was evaluated as unsatisfactory in the following duties expected of a teacher:
Grade record book from which students grades are taken was improperly kept and contained insufficient information to make a rational determination of the grade actually earned by each student.
Respondent made no distinction among his diverse students and consequently gave them all the same assignments.
Respondents lack of control over the classroom was so inadequate that an incredible amount of cheating was going on. Answers to questions were exchanged orally between students during tests and this was ignored by Respondent. As a result there was no incentive for learning and little, if any, learning took place in Respondents classes.
Classroom management and discipline was practically non-existent. As stated in Exhibit 11: "Mr. Barlow cannot discipline his students well enough to get their cooperation to carry out what would otherwise be an almost acceptable (1.e. needing some definite improvement) program. Thereafter the evaluator submitted three pages of specific incidents occurring in Respondent's classes on February 27, and three more pages of incidents which generally support the conclusion that in such an atmosphere either teaching or learning is, for all intents and purposes, impossible.
Planning of lessons by Respondent, both short and long-term, was so inadequate that these plans across school year 1978-79 were described to "violate, more than follow, those guidelines" [established for lesson plans].
Instead of having self-confidence and self-sufficiency in exercising authority Respondent "radiates insecurity in the classroom".
Following these unsatisfactory reports the evaluator concludes that Respondent's students are being deprived of a vital part of their education. This conclusion is supported by the testimony of all other witnesses.
Even those witnesses who testified on behalf of Respondent acknowledged that Respondent did not maintain order and discipline in his classes.
Even those witnesses who testified on behalf of Respondent acknowledged that Respondent did not maintain order and discipline in his classes.
Testifying in his own behalf Respondent did not deny that his classes were disorderly and unruly, or that the incident of the children in his class hyperventilating and passing out occurred. He contends that if he had more administrative help he could operate effectively in a classroom. His problems at Fitzgerald Middle School he blames largely on the Assistant Principal in charge of the seventh grade teachers, who, while frequently visiting Respondent's classes, undermined him. Other than Respondent's testimony no
credible evidence was submitted that the Assistant Principal was doing anything other than trying to help Respondent improve his performance.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and subject matter of these proceedings.
Section 231.36(4), Florida Statutes provides for the removal of a teacher from continuing contract status for good cause and following a hearing if requested by the teacher.
Section 231.57, Florida Statutes provides for the establishment of a Professional Practices Council to assist the department in developing standards of professional contumacy. Subsection (6) thereof provides in pertinent part:
(a)(1) The department shall have the authority to establish procedures for developing codes or standards of professional ethics, performance, and practices as described herein and
to adopt such codes, standards, rules and regulations to effectuate the purposes of this section.
* * *
(2)(b) An apparent violation of any of the codes and standards so adopted shall be deemed to be just cause for the bringing of a charge of unprofessional practice....
Pursuant to that authority Chapter 6B-5, Florida Administrative Code was adopted which provides in pertinent part:
6-B-5.01 General. The standards listed in this chapter are held to be the generally accepted minimal standards of the education profession in Florida and are therefore declared to be the basis for reviewing the performance of professional educators under the pro- visions of 231.57, Florida Statutes
Those standards require each teacher
to:
6B-5.03 (1)(a) Keep records for which responsi- ble in accord with law and accepted practices of school system.
6B-5.05 (1)(a) Create an atmosphere which fosters interest and enthusiasm for learning and teaching,
Use procedures appropriate to accomplish the designated task,
Encourage expression of ideas, opinions and feelings.
6B-5.06 (1) Utilize information and materials that are relevant to the designated task.
6B-5.07 (2) Maintain consistency in the applica- tion of policy and practice,
(4) Develop and maintain standards of conduct.
6B-5.09 (1) Utilize several types of evaluative techniques,
Provide frequent and prompt feed- back concerning the success of learning and goal achievement efforts.
Analyze and interpret effectively the results of evaluation for judging instruction, the achievement of stated goals, or the need for further diagnosis,
Utilize the results of evaluation for planning, counseling and program modification, and
Explain methods and procedures of evaluation to those concened.
6-B5.10 (6) ... comply with reasonable request and orders given by and with proper authority.
The evidence here presented was overwhelming that despite his knowledge of the subjects he is charged with teaching, respondent is totally unable to maintain order in his classes, and, as a direct result, is unable to operate with any effectiveness as a classroom teacher. This is a condition that has existed for the entire time Respondent has been employed any Petitioner but the problems of discipline may have deteriorated during the past three years.
Respondents performance as a classroom teacher is unsatisfactory and below those standards described in Chapter 6B-5, Florida Administrative Code above quoted.
From the foregoing it is concluded that F. Perry Barlow failed to adhere to the standards of competency required of a teacher in the Pinellas County school system and that this failure extended over a period of more than three years. It is therefore,
