STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRANK BROGAN, as )

COMMISSIONER OF EDUCATION, )

)

Petitioner, )

)

vs. ) CASE NO. 96-4753

)

RUBY LIGHTSEY, )

)

Respondent. )

)

RECOMMENDED ORDER

A FORMAL HEARING was conducted before the Division of Administrative Hearings by Administrative Law Judge, Daniel M. Kilbride, on February 25, 1997 in Orlando, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: J. David Holder, Esquire

14 South 9th Street

DeFuniak Springs, Florida 32433

For Respondent: No appearance

STATEMENT OF THE ISSUES

Whether the Respondent's teaching certificate should be disciplined for alleged acts of incompetence and ineffectiveness as set forth in the Administrative Complaint, dated July 23, 1996, in violation of Sections 231.28(1)(b) and (f), Florida Statutes.

PRELIMINARY STATEMENT

The Petitioner, Frank Brogan, as Commissioner of Education, filed an Administrative Complaint against Respondent, Ruby Lightsey, dated July 23, 1996. Respondent denied these allegations and elected an informal hearing. At the informal hearing before the Education Practice Commission, issues of material fact were disputed. Thereafter, on October 26, 1996, this matter was referred to the Division of Administrative Hearings for adjudication. This hearing followed.

Pursuant to notice, the requested formal hearing was scheduled to be heard on February 25, 1997, at 1:00 p.m. in the Zora Neale Hurston Building, 400 West Robinson Street, Orlando, Florida. Neither the Respondent nor a representative for the Respondent appeared at the time and place set for hearing.

However, Respondent prepared and forwarded a certified letter to the undersigned Judge which acknowledged the time and date set for hearing. The letter, along with the attachments and the envelope, have been marked and received into evidence as Respondent’s Exhibit 1 for the sole purpose of establishing that Respondent had proper notice of the formal hearing and elected not to attend. The formal hearing proceeded and the Petitioner presented the testimony of four witnesses. The Petitioner also introduced into evidence Exhibits 1 through 9.

At the conclusion of the proceedings, the Petitioner elected to have the hearing transcribed, and to submit proposed Findings

of Fact and Conclusions of Law. The transcript was filed on March 20, 1997. The Petitioner's Proposed Findings of Fact and Conclusions of Law, in the form of a Proposed Recommended Order was timely filed on April 4, 1997. The Respondent has not filed proposed findings as of the date of this order.

Based upon all of the evidence, the following findings of fact are determined:

FINDINGS OF FACT

1. The Respondent holds Florida teaching certificate 353304, covering the area of English, which is valid through June 30, 1999.

2. During the 1992-1993, 1993-1994 and first half of the 1994-1995 school years, the Respondent was employed as a teacher at Oak Ridge High School in the Orange County School District.

3. During the 1992-1993, 1993-1994 and 1994-1995 school years, administrators at Oak Ridge High School received numerous complaints from students and parents about the Respondent’s teaching performance. Many students requested permission to be transferred out of the Respondent’s English class because they were not learning anything.

4. During the 1992-1993, 1993-1994 and 1994-1995 school years, administrators at Oak Ridge High School conducted both formal and informal observations of Respondent’s teaching performance in the classroom.

1. The administrator’s observations consistently disclosed that Respondent was disorganized and not in control of her students. Respondent exercised poor disciplinary methods with her students.

2. Upon repeated requests, Respondent could not produce her grade book, or other documentation, to support her grading of students.

3. Respondent’s behavior with, and around, students in the classroom was erratic and aberrant. Her actions in and out of the classroom were unusual, inexplicable and disturbing to her students and colleagues.

4. Respondent’s assigned room was disheveled and dirty.

   
   

5. Although administrators at the high school offered the Respondent professional help, made useful suggestions and recommended workshops and in-service training, the Respondent failed to follow their advice or attend any workshops or training sessions.

6. As the result of her erratic and aberrant conduct, in January 1995, the Respondent was relieved of her teaching duties by the Orange County School District and directed to undergo psychiatric evaluation. The Respondent refused to comply with said directive.

7. The Orange County School District brought dismissal proceedings against the Respondent based upon her unsatisfactory teaching performance, her inappropriate conduct and behavior, and

   her refusal to comply with directives. The Respondent failed to respond to the notice of the recommendation for dismissal.

   Respondent was subsequently dismissed from her position of employment.

8. The Respondent’s teaching performance during the 1992- 1993, 1993-1994 and the first half of the 1994-1995 school years demonstrated that she was incompetent to teach.

9. The Respondent’s personal conduct during the 1992-1993, 1993-1994, and the first half of the 1994-1995 school years at Oak Ridge High School seriously reduced her effectiveness as an employee of the Orange County School Board.

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction of the parties to and subject matter of these proceedings. Sections 120.57(1) and 231.262(5), Florida Statutes.

11. This proceeding involves disciplinary action against Respondent's teaching certificate. Therefore the burden of proof to establish the facts upon which the Petitioner seeks to discipline Respondent's teaching certificate is on the Petitioner. Balino v. Dept. of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977). The charges must be proved by the Petitioner through the introduction of clear and convincing evidence. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).

12. Section 231.28(1), Florida Statues, authorizes the Department of Education, Education Practices Commission, to revoke, suspend or otherwise penalize a teaching certificate provided it can be shown that the holder of the certificate:

    (b) has proven to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or operate a private school . . .

    * * *

    (f) has been found guilty of personal conduct which seriously reduces that person’s effectiveness as an employee of the school board . . .

    
    

13. In the Administrative Complaint filed against Respondent, it has been alleged that she has committed the acts prohibited by the provisions of Section 231.28(1)(b) and (f), Florida Statutes.

14. Based upon the clear and convincing evidence presented, Respondent has been proven to be incompetent to teach and that her conduct seriously reduces her effectiveness as an employee of the school board.

15. Rule 6B-11.007, Florida Administrative Code, sets forth the disciplinary guidelines for the Education Practice Commission. These guidelines provide for a penalty ranging from suspension to the revocation of a teaching certificate for incompetency. These guidelines have been reviewed and considered in the disposition recommended here.

16. In this case, the Petitioner has proven that the Respondent has engaged in personal conduct which seriously reduces her effectiveness as an employee of the school board and

    is incompetent to teach. In addition, it has been shown that the Respondent has consistently refused to acknowledge any deficiency in her conduct and her performance; that she has steadfastly refused offers of assistance, recommendations and suggestions for assistance in improving her performance; and that she has refused all offers of assistance and failed to comply with directives which could have resulted in remediating her deficiencies and possibly retaining her position of employment.

17. Respondent presented no evidence of exculpation or mitigation.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is

RECOMMENDED that a Final Order be issued finding that Respondent, Ruby Lightsey, did violate the provisions of Sections 231.28(1)(b)and (f), Florida Statutes, due to her incompetence and ineffectiveness. It is further

RECOMMENDED that a Final Order be issued revoking Respondent’s teaching certificate subject to re-application upon such conditions as the Education Practices Commission shall deem appropriate and necessary.

DONE AND ENTERED this 11th day of April, 1997, in Tallahassee, Leon County, Florida.

DANIEL M. KILBRIDE

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904)488-9675 SUNCOM 278-9675

Fax filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1997.

COPIES FURNISHED:

J. David Holder, Esquire

14 South 9th Street

DeFuniak Springs, Florida 32433

Ms. Ruby Lightsey

524 Kittredge Drive Orlando, Florida 32805

Michael H. Olenick General Counsel Department of Education The Capitol, PL-08

Tallahassee, Florida 32399-0400

Karen B. Wilde Executive Director

The Florida Education Center Room 224-B

325 West Gaines Street Tallahassee, Florida 32399

Kathleen M. Richards, Administrator Professional Practices Services

352 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 96-004753

Orders for Case No: 96-004753