mm EA A A AA NN Lh NE Me, iat STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. : CASE NO. 989-3044-C _BOBBY PALMORE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Bobby Palmore. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 538622, covering the areas of English and Guidance and Counseling, which was valid through June 30, 2000. 2. Atall times pertinent hereto, the Respondent was employed as a Guidance Counselor at J.E.B. Stuart Middle School, in the Duval County School District. MATERIAL ALLEGATIONS « 3. On or about March 9, 1998, Respondent received an overall “insatisfactory annual | performance evaluation. Respondent was incompetent in the areas of knowledge of subject matter, maintaining positive school environment and professionalism. 4. On or about March 11, 1999, Respondent received and overall unsatisfactory annual performance evaluation. Respondent was incompetent in the areas of planning and delivery of instruction, knowledge of subject matter, maintaining a positive classroom environment and professionalism. On or about May 19, 1999, Respondent received a letter of professional incompetence from the Duval County District Schools. Arch nde ok et Re a A i El Fn a mm A NS A ’ Bobby Palmore Administrative Complaint 2 of 2 5. After review of all materials and investigation into Respondent’s performance the Department of Education finds that Respondent is incompetent to teach in Florida STATUTE VIOLATIONS _ COUNT 1: ‘The Respondent is in violation of Section 231.28(1)(b), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. COUNT 2: The Respondent is in violation of Section 231.28(1)(£), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board. : COUNT 3: The Respondent is in violation of Section 231.28(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. . v EXECUTED on this_2! os day of - Quswat , 2000. ‘e— TOM GALLAGHER, as Commissioner of Education State of Florida / OUI Whaley pean 2here thie predict uilth, 8 Khe C brat netetren_, . ft MEMORANDUM Te TO: Mr. Richard M Whaley, Office of Professional Pr Florida Department of Education ss FROM: ' B. Palmore, Ed. S., Counselor B. € ane U. S. DOE / OCR Complaint # 04-99-1159 SUBJECT: STATE RESOLUTION (SETTLEMENT OPTION) DATE: September 5, 2000 1. State Resolution (Settlement Option) - on Page. 270, that I dispute the faise allegations against me; requ@stedua State Resolution (Settlement Option). pledge c&¥1 me at (904) 751-6795 between 10:00 and 11:00 A. M. to discuss the, detaNs of your proposed State Resolution (Settlement Option). WSs = ER P¥evious Memorandum - On page 261, I have encloed a copy of my memorandwym to Mrs. Iris Anderson concerning a State Resolution. I have stated nevertheless, I have On Thursday, September 14, . Ka. Documented Evidence Concerning State and Federal Violations ~ Again, I seriously hope and pray that you will allow my fifty-one pages of documents to be entered into evidence at a formal hearing, if necessary. ¥s. District Violations ~ The Florida Do Public Schools violated State and Federal ES and Federal "laws" by forcing minority students into ESE against the stated Or expressed wishes of parents and even without their knowl consent. These violations are clearly and “irrefutably" schools: North Shore Elementary, Morse Avenue Elementary and Stuart "Middle. These violations were not clerica "falsely" contended because minor the "verbal" and written objectio may refer to the documented evidence which has been submitted. ec: Florida DOE U. S. Department of Education (DOE) U. S. Office of Special Education Programs (OSEP) U. S. Office of Special Education and Rehabilitative Services (OSERS) U. S. Office for Civil Rights (ocR) U. S. Office of the Inspector General (OIG) U. S. Department of Justice (DoJ) ca lei il a a RN NK ML NN isa SA Mt ‘261 MEMORANDUM TO: Mrs. Iris Anderson, Program Specialist Florida Department ‘of Education FROM: B. Palmore, Ed. S., Counselor B. forts U. S. DOE / OCR Complaint # 04-99-1159 SUBJECT: STATE RESOLUTION OF EXISTING ESE COMPLAINT: RETALIATION AND TERMINATION BECAUSE OF ESE COMPLAINT DATE: May 9, 2000 1. Mediation and Resolution - If possible, please call me on Friday, May 12, 2000 in Jacksonville at (904) 751-6795 between 8:00 and 9:00 A.M. I received a resolution packet from the Florida DOE. : 2. No Further Inquiry Necessary ~ Inasmuch as you and Mrs. Smith did an on-site investigation of my complaint in August, 1998 and completed a final report in November, 1998, I feel that no further interviews will be necessary. I am still requesting resolution of the 1998 ESE complaint. In 1998, I filed an ESE complaint against the Duval County Public Schools because minority students were forced into ESE against the expressed wishes of parents without their knowledge or required consent for ESE funds. 3. False Charges / Termination / Perfect Evaluations — Because of my ~ _ESE complaint, administrators generated "false" charges against me and placed "false" entries in my personnel file which eventually led to the unsatisfactory evaluations and termination after 36 years as a teacher and counselor. Prior to my ESE complaint, I had an impecable record with two consecutive perfect annual evaluations. For documentation, see pp. 24-25, 5. Background Documentation - I have enclosed some documented, pages in this packet which you should already have in your files from 1998. * 6. Mediators - I seriously hope and pray that the Florida DOE will designate you and Mrs. Smith as mediators for this ESE complaint with the understanding that the final resolution will be reviewed by Mrs. J. Heumann, Assistant Secretary of U.“StopoBnandrMrss. Sv. Friedman, Program Specialist. cc: U. S. Department of Education (DO d U. S. Office of Special Education Programs (OSEP) U. S. Office for Civil Rights (OCR) U. S. Office of the Inspector General (OIG) U. S. Department of Justice (DOJ) # Se gags TO: Mr. Richard Whaley, Office of horantaall dei be Mrs. Iris Anderson, Program Specialist - 4, Florida Department of Education FROM: B. Palmore, Ed. S., Counselor B. Pr U. S. DOE / OCR Complaint # 04-99-1159 SUBJECT: RECEPTION OF RENEWED CERTIFICATE: 3 MEDIATION FOR REINSTATEMENT, STILL PENDING “Sy. DATE: December 22, 2000 1. Reception of Renewed Certificate - I was very grateful to receive the renewed certificate which expires in vune, 2005. 2. Mediation for Reinstatement, Still Pending - I seriously hope and pray that Mr. R. Whaley (Professional Practices) and Mrs. Anderson (ESE Program Specialist) will serve as joint mediators for my immediate reinstatement as a counselor with the Duval County Public Schools. 3. Complaint Resolution and Mediation - The mediation procedures are indicated on pages 265 and 266 with this packet. 4. Urgent Reply - I hope and pray that I will receive a prompt ‘reply very soon at my home address below. 5. Home Address - 863 Poydras Lane, West -— Jacksonville, Florida 32218. Your help and assistance will be highly appreciated. | cc: U. S. Department of Education (BoE) U. S. Office of Special Education Programs (OSEP) U. S. Office of Special Education and Rehabilitative Services (OSERS) U. S. Office: for Civil Rights (OCR) U. S. Office of the Inspector General (OIG) U. S. Department of Justice (DOJ) reer eee eee tiie a cs bel, ARNON A RN ie 5 iii Kui. ii 261 MEMORANDUM - TO: Mrs. Iris Anderson, Program Specialist Florida Department of Education FROM: B. Palmore, Ed. S., Counselor B. form U. S. DOE / OCR Complaint # 04-99-1159 SUBJECT: STATE RESOLUTION OF EXISTING ESE COMPLAINT: RETALIATION AND TERMINATION BECAUSE OF ESE COMPLAINT DATE: May 9, 2000 1. Mediation and Resolution ~ If possible, please call me on Friday, May 12, 2000 in Jacksonville at (904) 751-6795 between 8:00 and 9:00 A.M. I received a resolution packet from the Florida DOE. 2. No Further Inquiry Necessary - Inasmuch as you and Mrs. Smith did an on-site investigation of my complaint in August, 1998 and completed a final report in November, 1998, I feel that no further interviews will be necessary. I am still requesting resolution of the 1998 ESE complaint. In 1998, I filed an ESE complaint against the Duval County Public Schools because minority students were forced into ESE against the expressed wishes of parents without their knowledge or required consent for ESE funds. 3. False Charges / Termination / Perfect Evaluations — Because of my” ESE complaint, administrators generated."false™ charges against me and placed "false" entries in my personnel file which .eventually led to the unsatisfactory evaluations and termination after'36:years as a teacher and counselor. Prior to my ESE complaint, I had an.impecable record with two consecutive perfect annual evaluations. For documentation, see pp. 24-25. 4. Proposed Resolution - See page 145 for my proposal for Satisfactory resolution of my ESE complaint and eventual re-instatement as an employee of the Duval County Public Schools. U. S. DOE, OSEP and OCR have copies. 5. Background Documentation ~ I have enclosed some documented pages in this packet which you should already have in your files from 1998. 6. Mediators -~ I seriously hope and pray that the Florida DOE will designate you and Mrs. Smith as mediators for this ESE complaint with the understanding that the final resolution will be reviewed by Mrs. J. Heumann, Assistant Secretary of U.SSPob0snandrMrss. SirFriedman; Proegram:,Specialist: _ cc: U. S. Department of Education (DOE) U. S. Office of Special Education Programs (OSEP) U...S..0ffice for Civil Rights. (OCR) U.S. Office of the Inspector General (0TG) U. S. Department of Justice (DOJZ) ce td be cae tine he pee le Ah, SNR UNA lL cits 5 ike uit et, in ee ee RN 265 TECHNICAL ASSISTANCE PAPER | Complaint Resolution SSS Sections 300.660 — 300.663 of Title 34 of the Code of Federal Regulations describe the requirements for state complaint procedures. These requirements specify that a formal complaint may be filed with the state education agency (SEA) by any individual or organization that alleges that a public agency has violated the educational rights of a student with disabilities under the Individuals with Disabilities Education Act (IDEA), Part B, and the corresponding state regulations. The SEA is required, within 60 days of receipt of a formal complaint to 1. carry out an inquiry 2. give the complainant an opportunity to provide additional information 3. review all relevant information and determine if the district/agency has violated an IDEA, Part B, requirement 4. provide a written decision to the complainant that addresses.each issue presented in the complaint. The Florida Department of Education (DOE) is designated as the “SEA” for the State of Florida. It is the responsibility of the Bureau of Instructional Support and Community Services (BISCS) to ensure that formal complaints are appropriately investigated and resolved. Florida’s complaint procedures are outlined in the Florida State Plan under IDEA, Part B. The following description expands on the procedures found in the state plan and provides detailed information regarding the various options and activities related to complaint resolution.. . oe An organization or an individual may file a complaint on behalf of one or more students with disabilities, or one or more parents of students with disabilities. The complaint must be written and signed; must include a statement that a public agency has violated a requirement of IDEA, Part B, and/or the related Florida statutes or rules; and must describe the facts on which the statement is based. The alleged violation must have occurred within the year prior to the date of the DOE’s receipt of the written complaint, unless a longer period is necessary because the violation is continuing, or because the complainant is requesting compensatory services for a Violation that occurred no more than three years prior to the date of the DOE’s receipt of the written complaint. MEDIATION Upon receipt of the formal complaint, bureau staff will offer mediation to both parties prior to the initiatio ofan inquiry. If either party refuses the offer, then the formal Complaint process will begin as described below. However, the complainant and the district/agency always have the option to request'a formal mediation at any time during i ee Paper Number: FY 2000-6 TECHNICAL ASSISTANCE. PAPERS are- produced: periodically: by the: Bureauc‘of | Instructional Support and. Community.Services. to present discussion of current topics. The TA __ Papers: may-be- used. for inservice: sessions; technical assistance-visits, parentorganizatiorm:.|"" meetings; orinterdisciplinary discussion groups. Topics. are identified: by state steering. committees, district personnel, and individuals; or fronr program:compliance monitoringss April 2000 Division of Public Schools. and Community Education Bureau of Instructional.Support FuLoRIoA |: and Community Services Dep artment of Education Refer Questions To: Iris Anderson or Margot Palazesi (850) 488-1216, Suncom 278-1216 euwltienceatsoe. 5A Oh Ak i | | | | 266 the formal complaint inquiry process, regardless of the level of resolution. If the parties agree, the complaint inquiry will be put in abeyance during the mediation process. Should the mediation result in an agreement relative to the issues identified in the complaint, the complaint inquiry will be terminated and written confirmation will be sent to the parties. If the mediation does not result in an agreement, or the agreement does not address all the issues of the complaint, the complaint inquiry will continue regarding any issues not resolved. LEVELS OF ACTION The DOE has developed three levels of action to address formal complaints. These are 1. an Early Resolution Agreement 2. an inquiry resulting in a Bureau Resolution Determination 3. an inquiry resulting in a Commissioner’s Order Responsibility for determining the appropriate level of resolution rests with the bureau’s complaint planning team. Upon recept of a formal complaint by the bureau, the planning team will convene and review the formal _ complaint letter. Each letter, and any other available information, will be reviewed for the following considerations: = the number of issues the complexity of the issues a. = whether the issues focus on a single child or a systemic concem =] whether the school district/agency may consider the allegations to be indisputable = the possibility that compensatory education and/or adjustments in state or federal funding could be required as a corrective action vgs Based on these considerations, the planning team will determine the level of resolution to be implemented by the bureau. However, the complaint planning team will reserve the right to resolve any formal complaint at the Commissioner’s Order level if, upon further consideration of the documentation and information provided, the team deems it necessary. —— : — Regardless of the resolution level, all inquiries and resolutions must be completed within 60 days after the receipt of the formal complaint. All agreements or requirements for corrective actions are binding on the district/ agency and are enforceable by the DOE. The bureau has the responsibility for ensuring that agreements or requirements for corrective actions are adhered to and that any required follow-up activities are carried out. Issues arising from the implementation of agreements or requirements for corrective actions, or lack thereof, will be treated as formal complaints subject to the appropriate level of resolution. : . : Early Resolution Agreement : ~ oe See Prior to beginning a formal complaint inquiry, bureau staff will offer the district/agency and the complainant an opportunity to resolve the issues at the local level. If aresolution can be reached, the bureau will not conduct a formal inquiry. The following steps will be followed when: the complaint planning team bas determined that this Option.is:appropriate= 2B ey aS aan 1. The bureau will notify the compiainant and the school district/agency of its receipt of the complaint and seek clarification of the issues as necessary. ' re von en rare ee") all inl nti a TF NR CRN AIO Se li ie di 269 MEMORANDUM TO: Mr. Richard M Whaley, Office of Professional Practices Florida Department of Education FROM: B. Palmore, Ed. S., Counselor B. &. U. S. DOE / OCR Complaint # 04-99-1159 SUBJECT: STATE RESOLUTION (SETTLEMENT OPTION) DATE: September 5, 2000 1. State Resolution (Settlement Option) - on page 270, I have stated that I dispute the false allegations against me; nevertheless, I have requested a State Resolution (Settlement Option). on Thursday, September 14, please call me at (904) 751-6795 between 10:00 and 11:00 A. M. to discuss the details of your proposed State Resolution (Settlement Option). 2. Previous Memorandum - On page 261, I have encloed a copy of my memorandum to Mrs. Iris Anderson concerning a State Resolution. 3. Telephone Interview ~ In case a formal hearing becomes necessary, I seriously hope and pray that you will conduct a formal interview with me via the telephone for at least one hour or ‘as long as necessary to refute the "false" allegations or charges against me. . 4. Documented Evidence Concerning State and Federal Violations -— Again, I seriously hope and pray that you will allow my fifty-one pages of documents to be entered into evidence at a formal hearing, if necessary. 5. District Violations - The Florida DOE concluded that Duval County Public Schools violated State and Federal ESE guidelines as well as State and Federal "laws" by forcing minority students into ESE against the stated or expressed wishes of parents and even without their knowledge or required consent. These violations are clearly and "“irrefutably" documented at three schools: North Shore Elementary, Morse Avenue Elementary and Stuaft Middle. These violations were not clerical errors or mistakes as the District has "falsely" contended because minority students were forced into ESE despite the "verbal" and written objections of parents prior to ESE placements. You may refer to the documented evidence which has been submitted. cc: Florida DOE ; . U. S. Department of Education (DOE) : U. S. Office of Special Education Programs (OSEP) U. S. Office of Special Education and Rehabilitative Services (OSERS) U. S. Office for Civil Rights’ (OCR) . U. S. Office of the Inspector General (OIG) U. S. Department of Justice (DOJ) Pree Saar e A a A RM A A A A = AN Nb sain. a ss at te Richards, Kathleen From: Odom, Tamara Sent: Thursday, February 28, 2002 9:55 AM To: Richards, Kathleen; Whaley, Richard Ce: Odom, Tamara Subject: Formal (1) Kathleen: : “ Please send the following case to DOAH for Formal hearing at your convenience: Palmore, Bobby 989-3044-C Ron Weaver will represent the Dept. ICMS has been updated. Mike- just an FYI Thanks, Tamara

Docket for Case No: 02-000965PL