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TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs LAWRENCE RESS, III, 06-004637PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004637PL Visitors: 17
Petitioner: TOM GALLAGHER, AS COMMISSIONER OF EDUCATION
Respondent: LAWRENCE RESS, III
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Nov. 15, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 22, 2007.

Latest Update: May 23, 2024
PRACTICES COMMISSION STATE OF FLORIDA Before the Education Practices Commission of the State of Floriga | aa Zz 22 2 TOM GALLAGHER, as RES hn Commissi of Education, > POD mmissioner cation ac . UW IL oS. 0 Petitioner, noe 2 | a VS. CASE N® 99-0424-RT EPC Index N¢ 99- 3T] -Fo! LAWRENCE R. RESS, III, Respondent. / Final Order Respondent, LAWRENCE R. RESS, Ill, holds Florida educator's certificate no. 493456. Petitioner has filed an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate. A copy of the Administrative Complaint is attached to and made a part of this Order. Respondent has chosen not to dispute the allegations of the Administrative * Complaint and has requested an informal hearing to present evidence and testimony in mitigation. This cause came before a teacher panel of the EPC on April 28, 2000, in Tampa, Florida. Petitioner was represented by Carl J. Zahner, Attorney at Law. Respondent was present. Paragraphs 1 Through 3 of the Administrative Complaint were adopted by the EPC as its findings of fact. Counts 1 through 3 of the Administrative Complaint were adopted by the EPC as its conclusion of law. Final Order Lawrence R. Ress, Ill Page Two Upon consideration of the foregoing findings and conclusions, it is ORDERED that: A. Respondent shall be issued a letter of reprimand to be placed in his school district file and his Department of Education file; B, Upon employment in a position requiring a Florida educator's certificate, Respondent shall be placed on three employment years of probation with the conditions that during that period, he shall: 1. Notify EPC immediately upon employment as an educator in any public or private F lorida school. 2. Have immediate supervisor submit annual performance reports to the EPC. 3, Within ten days of issuance, submit to the EPC copies of all formal observation and evaluation forms. 4, Engage in, or submit to the Recovery Network Program evidence that she has completed, substance abuse counseling with a Recovery Network Program approved Florida licensed psychologist, psychiatrist or mental health counselor unti! discharged from treatment and, if such counseling occurs subsequent to the effective date of thei order, have that professional submit quarterly progress reports to the EPC. 5. Do not consume, inject or ingest any alcohol or controlled substance unless prescribed or administered for legitimate medical purposes. 8. For the purpose of ascertaining compliance with the conditions of probation, submit to random substance abuse testing as directed by the EPC, the Recovery Network Program or the employing school district and authorize direct reporting of results to each entity. Final Order Lawrence R. Ress, Ill Page Three 7. Refrain from transporting students in motor vehicles. 8. During the first six months of sach probation year, pay to the EPC the sum of $150.00 to defray the casts of monitoring probation during that year. All costs of complying with probation terms will be born by Respondent. This Order becomes effective upon filing. DONE AND ORDERED, this COPIES FURNISHED TO: Jerry Whitmore, Chief Bureau of Education Standards Florida Administrative Law Reports Dr. James Monroe, Executive Director Professional Standards Dade County Schools 1500 Biscayne Blvd., Suite 114 Miami, FL 33132 Dr. Joyce Annunziatta, Senior Executive Director Office of Professional Standards Dade County Schools ’ Carl J. Zahner, Attorney at Law Recovery Network Program for Educators 325 W. Gaines Street, Suite 224-D Tallahassee, FL 32399 850/922-9733 Z q day of MMe , 2000, canard WOLFE, ioe Officer NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER. Certificate of Service | HEREBY CERTIFY that a copy of the foregoing Order in the matter of Tom Gallagher vs. Lawrence R. Ress, III Wee mailed to Lawrence R. Ress, Ill, 915 N.W. 1* Street, Miami, FL 33136, this niaa day of Mail. Oc 2000, by Certified U.S. Kothdorn WN. Kicmndo KATHLEEN RICHARDS, Clerk

Docket for Case No: 06-004637PL
Issue Date Proceedings
Feb. 22, 2007 Order Closing File. CASE CLOSED.
Feb. 22, 2007 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Jan. 22, 2007 Order Withholding Ruling on Motion to Compel/Motion in Limine.
Jan. 22, 2007 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 7, 2007; 9:30 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jan. 18, 2007 Order Granting Petitioner`s Request for Judicial Notice.
Jan. 16, 2007 Respondent`s Response to Petitioner`s Motion to Compel and Motion in Limine filed.
Jan. 09, 2007 Motion to Compel/Motion in Limine filed.
Jan. 09, 2007 Petitioner`s Request for Judicial Notice filed.
Jan. 09, 2007 Respondent`s Verified Answers to Petitioner`s First Set of Interrogatories filed.
Jan. 09, 2007 Respondent`s Notice of Service of Verified Answers to Petitioner`s First Set of Interrogatories filed.
Dec. 27, 2006 Respondent`s Unverified Answers to Petitioner`s First Set of Interrogatories filed.
Dec. 27, 2006 Respondent`s Notice of Service of Unverified Answers to Petitioner`s First Set of Interrogatories filed.
Dec. 27, 2006 Respondent`s Response to Petitioner`s Request for Admissions filed.
Dec. 27, 2006 Respondent`s Response to Petitioner`s Request for Production of Documents filed.
Dec. 06, 2006 Respondent`s First Request for Production of Documents filed.
Dec. 06, 2006 Respondent`s Notice of Service of First Set of Interrogatories to Petitioner filed.
Dec. 06, 2006 Notice of Appearance (filed by M. Aspros).
Nov. 27, 2006 Order of Pre-hearing Instructions.
Nov. 27, 2006 Notice of Hearing (hearing set for January 31 and February 1, 2007; 9:30 a.m.; Miami, FL).
Nov. 21, 2006 Motion to Extend Hearing Date Beyond Seventy Days filed.
Nov. 21, 2006 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Nov. 21, 2006 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Nov. 21, 2006 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Nov. 20, 2006 Joint Response to Initial Order filed.
Nov. 15, 2006 Initial Order.
Nov. 15, 2006 Administrative Complaint filed.
Nov. 15, 2006 Final Order filed.
Nov. 15, 2006 Corrected Final Order filed.
Nov. 15, 2006 Notice of Violation filed. (dated March 4, 2004)
Nov. 15, 2006 Order on Notice to Show Cause filed.
Nov. 15, 2006 Order to Show Cause filed. (dated December 9, 2005)
Nov. 15, 2006 Notice of Appearance (filed by R. Meyer).
Nov. 15, 2006 Motion for Continuance of Hearing filed.
Nov. 15, 2006 Letter to R. Meyer from B. Hall regarding approval of request for a continuance filed.
Nov. 15, 2006 Notice of Violation filed.
Nov. 15, 2006 Order to Show Cause filed. (dated January 17, 2006)
Nov. 15, 2006 Letter to R. Meyer from B. Hall regarding the request for continuance filed.
Nov. 15, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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