Jan 20 2006 10:53 FROM : CARMEN RODRIGUEZ,P. A. PHONE NO. + 38S 254 68468 Jan. 248 2666 18:24AM P2 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DR. FRANK TILL, SUPERINTENDENT, CASENO, 05-4356 BROWARD COUNTY SCHOOL BOARD, Petitioner, Vv. PETITION FOR FORMAL PROCEEDINGS JAMES WRIGHT Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Frank Till, Superintendent of Schools of Broward County, Florida, through his undersigned counsel, Law Offices of Carmen Rodriguez, P.A., files this Administrative Complaint, pursuant to Chapters 120, 1001, and 1012 of the Florida Statutes, as well as Chapters 6B- 1 and 6B-4 of the Florida Administrative Code, and states the following: I. JURISDICTIONAL BASIS a The Petitioner is the Broward County School Board, located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. b. The Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance and observance with all laws, rules and regulations. Any violation thereof shall be reported with the appropriate disciplinary action against any school personnel failing to comply therewith, inclusive of the Respondent, James Wright. c. The Respondent, James Wright, is anemployee of the Broward County School Board, and is currently employed as a teacher and the Band Director at Cooper City High School. Jan 20 2006 10:54 FROM : CARMEN RODRIGUEZ,P. A. PHONE NO. + 38S 254 68468 Jan. 248 2666 18:25AM PS d. The last known address of the Respondent, James Wright is 2081 Renaissance Blvd. Apartment # 304, Pembroke Pines, Florida 33025. Ik. SPECIFIC CHARGES The Petitioner, Broward County School Board alleges as follows: a. Respondent, James Wright failed to adhere to school field trip polices and procedures, and failed to attend a mandatory medication administration training course, which was an aspect of a previous disciplinary matter consisting of a violation of the student medication policies and procedures during the 2004-2005 school year. Specifically, on November 19, 2004 Mr. Wright received a formal letter of reprimand regarding his failure to maintain a safe and secure learning environment as it pertains to the proper supervision of his classroom and adherence to appropriate medication procedures. Prior to this formal letter of reprimand, a pre-disciplinary meeting was held to discuss the proper procedures for the handling of student medications. Through abundant correspondence, Mr. Wright was sufficiently informed of the procedures he was to follow. The correspondence, which specifically outlined the procedures, were dated December 9, 2002, December 12, 2002, and January 29, 2003. A similar problem arose during a formal observation of Mr. Wright’s Period One class conducted by Assistant Principal Rachelle L. Nearn. In an email dated December 15, 2004, Mr. Wright was given a summary of numerous concerns regarding his adherence to the rules and regulations put in place by Broward County and the State of Florida. Within this email, Mr. Wright was provided with a form to register and attend a Medication Administration Training Workshop on February 18, 2005 at Apollo Middle School. Mr. Wright failed to attend this course as directed. Additionally, on or about February 18, 2005, Mr. Wright failed to follow field trip policies Jan 20 2006 10:54 FROM : CARMEN RODRIGUEZ,P.A. PHONE NO. + 38S 254 68468 Jan. 28 2666 18:25AM P4 and procedures, including failing to file the proper field trip authorization forms. Mr. Wright failed to file the required forms for outside activities, that include Cooper City High School students, in a timely manner as outlined in the Activities Handbook. A pre-disciplinary hearing was held on March 4, 2005 regarding the February 18, 2005 incident, and a letter dated February 18, 2005 was sent to Mr. Wright, notifying him that his disregard for required forms was such that there was no record that the field trip to Dillard High existed, This letter ultimately evidences Mr. Wright’s blatant disregard for the applicable rules which pertain to taking Cooper City High School students off campus for field trips. Despite the notification, the review of procedures, the reminders of what paperwork needed to be filed, Mr. Wright again failed to file the proper paperwork and adhere to procedures outlined in the Activities H andbook, he again failed to obtain appropriate parent permission forms and approval prior to attending another field trip on March 3, 2005. Mr. Wright has received ample notice of the deficiencies, which now require further disciplinary measures. Mr. Wright is currently on probation for his teaching certificate for a period of two (2) years by Order dated December 2, 2005, by the State of Florida Education Practices Commission. b. That just case exists for the administered ten (10) day suspension pursuant to §1012.33(1)(a) and §1012.33(6)(a), Fla. Stat., the Respondent’s employment contract and School Board rules and regulations, including the Employee Disciplinary Guidelines promulgated by the School Board and including but not limited to the following: (1) Misconduct in the Office The Respondent, through his above-described conduct, has violated §1012.33(1)() Fila. Stat. and Rule 6B-4.009(3), and his actions constitute misconduct in the office through violation of Jan 20 2006 10:55 FROM : CARMEN RODRIGUEZ,P.A. PHONE NO. + 38S 254 68468 Jan. 28 2666 18:26AM PS various provision of the Code of Ethics of the Educational Profession. (2) ‘Inefficiency The Respondent, through his above-described conduct, has violated §101 2.33(1)(a) Fla. Stat. and Rule 6B-4.009(1)(a), and his actions constitute inefficiency exemplified by his repeated failure to perform his duties. (3) Gross Insubordination The Respondent, through his above-described conduct, has violated §10 12,33(1)(a) Fla. Stat. and Rule 6B-4.009(4), and his conduct constitutes a constant or continuing intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority. c. ‘That the charges are brought pursuant to the statutory authority outlined in Chapters 120, 1001, and 1012 of the Florida Statutes and Chapters 6B-1 and 6B-4 of the Florida Administrative Code. WHEREFORE, based on the foregoing, Petitioner, Broward County School Board, suspended Respondent, James Wright, for ten (10) days. Based on the foregoing facts and legal authority said suspension is an appropriate and reasonable disciplinary action. Respectfully submitted, Law Offices of Carmen Rodriguez, P.A. 9245 SW 157" Street, Suite 209 Miami, Floride Ph: 05) 254-6101 Fla. Bar No. 710385 Jan 20 2006 10:55 FROM : Mo: CARMEN RODRIGUEZ, P. A. PHONE NO. + 385 254 6846 Jan. 28 2666 16:26AM P6 ERTIFICATE OF SERVICE Cc LJTEREBY CERTIFY that the foregoing document was furnished to Steve Rossi, Esquire, Braverman & Rossi, 625 N.E. Third Avenue, Ft, Lauderdale, Florida 33304, via U.S, Mail, first class postage attached thereto, on this ao day of January, 2

Docket for Case No: 05-004356