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JIM HORNE, AS COMMISSIONER OF EDUCATION vs SHIRLEY BROWN-ROSE, 04-002165PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-002165PL Visitors: 18
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: SHIRLEY BROWN-ROSE
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jun. 21, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 8, 2004.

Latest Update: Nov. 14, 2024
FLORIDA DEPARTMENT OF EDUCATION FILED . Ji Horne F. Pattie HANDY, Chairman 004 JUN 2! Pp I: Of Commissioner of Education T. WILLARD FAIR, Vice Chairman FR ust Read, ( Florida! Members Linpa J. Eas, ED.D. CHARLES Patrick Garcia Juia L. JOUNSON WILLIAM L. PROCTOR, PH.D. Linba K. TAYLOR OY -Ajls PL March 10, 2004 CERTIFIED MAIL Ms. Shirley Brown-Rose i. RE: Finding of Probable Cause 7040 Southwest 27th Court Case No: 023-2273-B Miramar, Florida 33023 : SSN: . Dear Ms. Brown-Rose: Pursuant to the provisions of Sections 1012.796 and 1012.795, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 1012.796(6) and 1012.795(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 Educator 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, Turlington Building, Suite 224-E, Tallahassee, Florida 32399, (850) 245-0438. Please govern yourself accordingly. Sincerely, Jina Horne JH:DA:) ENCLOSURES 325 W. GAINES STREET * SUITE 224-E * TALLAHASSEE, FL 32399-0400 + (850) 245-0438 + www. fldoe.org x STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO, 023-2273-B SHIRLEY BROWN-ROSE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint - against SHIRLEY BROWN-ROSE. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 380971, covering the areas of Early Childhood Education, Elementary Education, and English to Speakers of Other Languages (ESOL), which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a 4th Grade Teacher at Morningside Elementary School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. Onorabout November 7, 1992, in Dade County, law enforcement officers responding to a domestic disturbance found the Respondent raising a metal baseball bat and attempting to strike the victim. The officers ordered the Respondent to drop the bat but she refused and continued to swing the bat at the victim. She was arrested and charged with Aggravated Assault. Her plea is unknown. On or about December 17, 1992, a No Action was issued on the case. SHIRLEY BROWN-ROSE Administrative Complaint Page 2 of 2 4. On or about December 8, 2002, in Broward County, the Respondent engaged in a dispute with her boyfriend over acellular phone. The Respondent stabbed the boyfriend in the back with a3-inch steak knife. She was arrested and charged with Aggravated Battery/Domestic Violence and Aggravated Battery/Deadly Weapon. Her pleas are unknown. On or about January 15, 2003, a No Information was issued on the case. The Respondent continues to be employed. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(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. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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 on this __/O _ dayof Darete , 2004. ‘ommissioner of Education State of Florida

Docket for Case No: 04-002165PL
Issue Date Proceedings
Sep. 13, 2004 Memo Cancelling the Court Reporter (filed by Barry, EPC via facsimile).
Sep. 08, 2004 Order Closing File. CASE CLOSED.
Sep. 08, 2004 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC (filed by Petitioner via facsimile).
Aug. 11, 2004 Respondent`s Response to Request for Admissions (filed via facsimile).
Jul. 07, 2004 Order of Pre-hearing Instructions.
Jul. 07, 2004 Notice of Hearing (hearing set for September 15 and 16, 2004; 9:30 a.m.; Miami, FL).
Jun. 25, 2004 Joint Response to Initial Order (filed via facsimile).
Jun. 22, 2004 Initial Order.
Jun. 21, 2004 Notice of Appearance filed by Mark Herdman.
Jun. 21, 2004 Election of Rights filed.
Jun. 21, 2004 Administrative Complaint filed.
Jun. 21, 2004 Notice of Appearance, Requesting a Hearing filed.
Jun. 21, 2004 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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