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JIM HORNE, AS COMMISSIONER OF EDUCATION vs ELLEN R. FERREYRA-URDEGAR, 04-001724PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-001724PL Visitors: 148
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: ELLEN R. FERREYRA-URDEGAR
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: May 14, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 29, 2004.

Latest Update: Dec. 26, 2024
oe FLORIDA DEPARTMENT OF EDUCATION CHARLIE CRIST COMMISSIONER Febmary 13, 2002 pu-l7246L Ms. Ellen Ferreyra-Urdegar 3180 Biscayne Boulevard . North Miami Beach, Florida 33137 CERTIFIED MAIL RE: Finding of Probable Cause SSN: uae, Dear Ms. Ferreyra-Urdegar: Pursuant to the provisions of Sections 231.262 and 231.2615, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), | find that probable cause exists to justify sanctions against your certificate as provided in Sections 231.262(6) and 231.2615(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your teaching certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Florida Education Center, Suite 224-E, Tallahassee, Florida 32399, (850) 488-2481. Please govern yourself accordingly. ' , Charlie Crist > CC/im ENCLOSURES Se Tre Caprrot Frorioa Amiantic University TOWER Praza Lever 08 Unversity oF SOUTH FloriDa, ST.PETERSBURG Campus 220 S.E. 2ND Avenue, #726 Tauanassee, Fronpa 32399-0400 POY 248, 140 774 Avenue SourH Fr. LauperDate, Flora 33301 {850) 487-1785 * SC 277-1785 St, Petersaur, Fioaida 33701 (954) 762-5322 Fax {850} 413-0378 * SC 993-0378 (727) 553-3730 Fax (954) 762-5197 Fax (727) 553-1033 http://www firn.edu/doe STATE OF FLORIDA EDUCATION PRACTICES COMMISSION CHARLIE CRIST, as Commissioner of Education, Petitioner, vs. CASE NO. 001-1479-V ELLEN R. FERREYRA-URDEGAR, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against Ellen R. Ferreyra-Urdegar. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.2615, 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 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION l. The Respondent holds Florida Educator’s Certificate 659814, covering the areas of Elementary Education, English to Speakers of Other Languages (ESOL), Primary Education and Spanish which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as an ESOL Teacher at Shadowlawn Elementary School in the Miami-Dade County School District. A AE A RE nn nn a awe ELLEN R. FERREYRA-UREGAR ~ ~ Administrative Complaint Page 2 of 3 MATERIAL ALLEGATIONS WAL oS eee 3. From February 1999 through June 2000, Respondent made verbal threats against her principal, displayed inappropriate materials depicting school violence in her classroom, threatened to commit suicide, was disruptive during faculty meetings, slept during school hours, and frequently appeared in a confused and/or disheveled state. On or about February 21, 2001, a conference-for-the-record meeting was held regarding this behavior and her return to duty following a medical evaluation. At that time, Respondent was reassigned to another school and, among other conditions, she was required to submit to a return-to-duty drug and alcohol test and was subject to random drug and alcohol screen thereafter. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(c), Florida Statutes, in that Respondent has been guilty of gross immofality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(d), Florida Administrative Code, in that Respondent has engaged in harassment or discriminatory conduct which unreasonably interfered with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive:environment, and further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination. ae ELLEN R. FERREYRA-UREGAR ~~ Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.2615(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. EXECUTED onthis__)3 dayof Fe bPhu an ty _,2002. Hid Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 04-001724PL
Issue Date Proceedings
Jul. 14, 2004 Undeliverable envelope returned from the Post Office.
Jul. 13, 2004 Undeliverable envelope returned from the Post Office.
Jul. 01, 2004 Corrected Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Jun. 29, 2004 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Jun. 08, 2004 Petitioner`s Motion for Continuance of Final Hearing (filed via facsimile).
Jun. 08, 2004 Memo to Judge Sartin from EPC scheduling the services of a court reporter (filed via facsimile).
Jun. 07, 2004 Order Granting Motion to Withdraw and to Show Cause why the Case should not be Closed (Respondent to file dispute status by June 25, 2004).
Jun. 03, 2004 Order of Pre-hearing Instructions.
Jun. 03, 2004 Notice of Hearing (hearing set for July 15 and 16, 2004; 9:30 a.m.; Miami, FL).
Jun. 01, 2004 Motion to Withdraw filed by S. Zipkin.
May 24, 2004 Response to Initial Order (filed by Petitioner via facsimile).
May 14, 2004 Initial Order.
May 14, 2004 Notice of Appearance, Requesting a Hearing filed.
May 14, 2004 Election of Rights filed.
May 14, 2004 Administrative Complaint filed.
May 14, 2004 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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