STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHN WINN, as Commissioner of Education,

Petitioner,

vs.

LINDA LINDQUIST,

Respondent.

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) Case No. 06-2830PL

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RECOMMENDED ORDER

Pursuant to notice, a final hearing was conducted in this case on October 25, 2006, in Tampa, Florida, before Administrative Law Judge R. Bruce McKibben of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Ron Weaver, Esquire

Post Office Box 5675 Douglasville, Georgia 30154-0012

For Respondent: No appearance

STATEMENT OF THE ISSUES

The issues in this case are whether Respondent, Linda Lindquist, committed the acts alleged in the Administrative Complaint; whether the alleged conduct constitutes violations of Subsections 1012.795(1)(b), 1012.795(1)(c), 1012.795(1)(f), and

1012.795(1)(i), Florida Statutes (2005), and Florida

Administrative Code Rule 6B-1.006(3)(a) and (e); and, if so, whether Respondent's teaching certificate should be suspended or otherwise sanctioned pursuant to Subsections 1012.795(1) and 1012.796(7), Florida Statutes.

PRELIMINARY STATEMENT

Petitioner filed an Administrative Complaint on or about July 7, 2005, setting forth certain allegations which, if true, would warrant an adverse action against the teaching certificate of Respondent. Respondent submitted an Election of Rights form requesting a formal administrative hearing.

At the final hearing held on October 25, 2006, Petitioner presented the testimony of a single witness, Vicki R. Dotson, to verify the allegations in the Administrative Complaint.

Respondent did not make an appearance at final hearing, and no one appeared on her behalf.

At the close of the evidentiary portion of the final hearing, the parties were allowed 10 days from the filing of the hearing transcript within which to file their respective proposed recommended orders. A one-volume hearing Transcript was filed on November 3, 2006. Petitioner filed a Proposed Recommended Order on November 13, 2006. Respondent did not file a proposed recommended order.

FINDINGS OF FACT

1. Respondent holds Florida Educator's Certificate

   
   

   No. 300763, covering the area of art. The certificate is valid through June 30, 2011.

2. At all times pertinent to this proceeding, Respondent was employed as an art teacher at Pinecrest Elementary School in the Hillsborough County School District.

3. Vicki R. Dotson has been the principal of Pinecrest Elementary School since July 1999. Prior to that time, she was the assistant principal at the school. Dotson was Respondent's supervisor during the years 1999 to the present.

4. During the 1999-2000 school year, Respondent would arrive late for work and leave work early without permission. She was reprimanded for those indiscretions, but did not alter her behavior. The behavior continued throughout the 2000-2001 and 2001-2002 school years.

5. During the 2000-2001 and 2001-2002 school years, Respondent failed to properly complete student referral forms and had to be frequently admonished about using proper classroom management techniques. She did not modify her management style.

6. Respondent received an overall unsatisfactory evaluation during the 2001-2002 school year. An action plan was prepared by the school administration to assist Respondent during the 2002-2003 school year.

7. Respondent yelled at and/or physically struck students during the 2002 school year. Her overall evaluation for

   the 2002-2003 school year was unsatisfactory.

   
   

8. Respondent failed to provide lesson plans for a substitute teacher in 2002. In response to a request by the school principal that she do so, Respondent faxed a response saying, "Please use your full time art teachers [sic] sub plans. I'm sure they are excellent."

9. The school board terminated Respondent's employment on or about October 27, 2003.

10. Respondent appears to be incompetent or unwilling to properly perform her duties as an art teacher.

    CONCLUSIONS OF LAW

    
    

11. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding pursuant to Section 120.569 and Subsection 120.57(1), Florida Statutes (2005).

12. The Education Practices Commission (Commission) has authority to permanently revoke an educator's certificate if the educator has proved to be incompetent to teach or to perform duties as an employee of the public school system.

    § 1012.795(1), Fla. Stat. (2005).

    
    

13. As found by the court in Fischler v. Askew, 349 So. 2d 227, 230 (Fla. 4th DCA 1977), "Permanent revocation is the

    extreme penalty that may be imposed. In order to sustain such an order it must be supported by competent, substantial evidence." The incontrovertible testimony by Petitioner's witness at final hearing was sufficient to meet this standard.

14. Respondent's unsatisfactory evaluations, her failure to properly utilize student referral forms, her abusive behavior toward her students, and her inability to perform her duties constitute sufficient basis for revocation of her license.

15. Petitioner has presented clear and convincing evidence to prove the allegations in the Administrative Complaint. See

Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987).

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that a final order be entered by the Commission permanently revoking Respondent's Florida Educator's Certificate.

DONE AND ENTERED this 15th day of November, 2006, in Tallahassee, Leon County, Florida.

S

R. BRUCE MCKIBBEN Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 15th of November, 2006.

COPIES FURNISHED:

Kathleen M. Richards, Executive Director Education Practices Commission Department of Education

325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400

Ron Weaver, Esquire Post Office Box 5675

Douglasville, Georgia 30154-0012

Linda Lindquist

2209 North Riverside Drive Tampa, Florida 33602

Daniel J. Woodring, General Counsel Department of Education

Turlington Building, Suite 1244

325 West Gaines Street Tallahassee, Florida 32399-0400

Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education

Turlington Building, Suite 224-E

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: 06-002830PL

Orders for Case No: 06-002830PL