Aug 1? 2010 14:10 2010-08-17 14:40 >> 8509216847 =P 7/23 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA JAMES F. NOTTER, as Superintendent of Schools, Petitioner, Vv. SANDRA BARNES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, James F. Notter, Superintendent of Schools (“Petitioner”), files this Administrative Complaint against, SANDRA BARNES (“BARNES”). The Petitioner seeks the termination of Respondent’s employment with The School Board of Broward County, Florida, pursuant to Sections 1001.51, 1012.27(5), and 1012.33, Florida Statutes. The Petitioner alleges the following: JURISDICTIONAL BASIS 1. The agency is The School Board of Broward County, Florida, (“SBBC”), which is located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. The SBBC is a duly constituted school board charged with the duties to operate, control and supervise all public schools within the school district of Broward County, Florida, pursuant to Article IX § 4(b), Fla. Const. 2. Petitioner is the Superintendent of Schools for The School Board of Broward County, Florida. 3. Petitioner is statutorily obligated to recommend the placement of school personnel Aug 1? 2010 14:10 2010-08-17 14:41 >> 8509216847 =P 8/23 and to require compliance and observance with all laws, rules and regulations. Petitioner is authorized to report and enforce any violation thereof, together with recommending the appropriate disciplinary action against any instructional personnel employed by The School Board of Broward County, Florida. 4. Respondent was employed at all times material herein, by The School Board of Broward County, Florida, as a teacher pursuant to a Continuing Contract, pursuant to Fla. Stat. 1012.33(4) and holds a Florida Educational Certificate Number: 364225, MATE L ALLEGATIONS 5. The school district has implemented a performance assessment system in conformity with Section 1012.34, Florida Statutes known as Instructional Personnel Assessment System (IPAS”). 6. On May 25, 2010, Respondent was issued the attached unsatisfactory IPAS noting four (4) key areas: Lesson Presentation, Student Performance Evaluation, Behavior Management and Records Management. This IPAS followed the completion of the attached Performance Development Plan (“PDP”) during the 2009/2010 school year during which time Respondent was given assistance and remedial suggestions following observations of her classroom performance. 7, Respondent’s employment with the school district commenced on October 5, 1976, where she was assigned to Flamingo Elementary School. On April 20, 1978, Respondent’s evaluation for the 1977/1978 school year noted professional assistance to the Respondent was required to assist in helping her to structure her program. 8. The Respondent’s evaluation for the 1982/1983 school year noted the Respondent’s performance deficiencies in classroom and time management. Aug 1? 2010 14:11 2010-08-17 14:41 >> 8509216847 =P 9/23 9. In the 1997/1998 school year the Respondent requested and was granted a transfer to Pembroke Lakes Elementary School. 10, On March 23, 1998, Respondent was given a memo from the Principal advising her that she would be placed on a PDP for the 1997/1998 and 1998/1999 school years, following assistance to correct her noted performance deficiencies. The noted areas of deficient performance included instructional planning, lesson management, lesson presentation, student performance evaluation, communication, classroom management, behavioral management, records management, subject matter knowledge and professional competencies, 11. On June 26, 1998, Respondent received an IPAS noting five (5) areas of. performance which required improvement, These areas involved lesson management, lesson presentation, classroom management, behavior management and subject matter knowledge. 12. On July 1, 1998, Respondent requested a transfer which was not granted, During the ensuing school years, Respondent’s performance deficiencies were noted on more then one (1) occasion. 13, On October 16, 2000, a Post Observation Conference was held by the principal with the Respondent and her union representative, The Respondent was advised of her performance deficiencies in the following areas: assessments, planning and implementation of effective, instructional methods/groups to meet the needs of the students, support student achievement, implementation of classroom procedures and daily routines taught are reinforced and, timely and appropriate review of student’s work and specific written feedback, The Respondent was advised that an observation would be held at the end of the first quarter, and without noted improvernent, the Respondent would be placed on a PDP. Four (4) days later, the Respondent scheduled a substitute to Aug 1? 2010 14:11 2010-08-17 14:41 >> 8509216847 =P 10/23 cover her classes for the next seven (7) days. Respondent thereafter went on a Farnily Medical Leave of Absence from November 1, 2000 through February 12, 2001. 14. Respondent's principal noted, in a written memorandum to her director on November 13, 2000, that it was not in the best interest of the students for Respondent to return to the classroom. The principal also noted it would be unfair for the Respondent to return to the second graders who now have been meeting with academic success for the first time this school year due to the teaching ofa highly effective interim substitute, The principal noted that since the Respondent’s absence, the principal has not had the multitude of parental calls, letters and concems regarding their child’s lack of academic achievement. The principal expressed that the parents are anxious and concemed regarding what happens when the Respondent returns to the classroom. 15. Upon the expiration of her medical leave, the Respondent requested a Personal Leave of Absence for the remainder of the school year preventing the completion of the PDP and IPAS, Respondent thereafter requested and was granted a transfer to Coconut Palm Elementary School in February of 2001, 16. On the second day of school, Respondent was observed in a classroom fining up students for lunch. Fifteen (15) minutes later, the Respondent was still attempting to line up the students for lunch. 17. After lunch, on the same day, Respondent was observed counting her students in the hallway outside the cafeteria. When questioned, Respondent explained that a student was missing and she sent a paraprofessional to retrieve the grade book so she could call roll to determine the missing student. Later that day, a parent observed the Respondent walk out to the car pool after school with only seven (7) children. The parent’s child was not among them. When questioned, the Aug 1? 2010 14:11 2010-08-17 14:42 >> 8509216847 =P 11/23 Respondent told the parent to “check the media center.” The child was found by the parent wandering among the fifth graders. 18. The following day another parent complained that her son had not eaten a snack or lunch the previous two (2) days. The Respondent was asked to point out the student but was unable to do so without checking several name tags until she located the student in question. Respondent further stated that she was unaware if the child had eaten or not, or even ifhe got into the lunch line. 19. The next day the Respondent was observed distributing lunch numbers to hang around the student’s necks. Respondent did not know the children and the process took an inordinate amount of time causing the class to be unruly. The assistant principal, in the absence of Respondent’s effective classroom management, took over the class and passed out the numbers. 20. A conference was held with the Respondent and the principal on September 15, 2002 to discuss numerous concerns. One of the concerns was the Respondent’s refusal to tie the kindergarten student’s shoelaces. Respondent instructed the students to “ust tuck them in your shoes.” During this conference, Respondent blurted out that she didn’t lose a student, but the student had changed his seat. Evidently, Respondent had misplaced a student, which was unknown to the administration. Respondent was also unable to provide a satisfactory explanation why a missing student was found under a lunch table by the cafeteria monitors. Observations of the Respondent’s classroom performance were conducted throughout the remainder of the school year and assistance was provided in an attempt to improve Respondent’s performance. 21. — This pattem continued into the 2003/2004 school year where several conferences were held to discuss the observation of Respondent’s lesson presentation, lesson plans and other assistance rendered to the Respondent. Aug 1? 2010 14:11 2010-08-17 14:42 >> 8509216847 =P 12/23 22. On February 12, 2004, a conference was held with the Respondent and her union Tepresentative concerning the February 2, 2004 observation, During this conference, Respondent’s deficiencies in classroom and behavioral management were discussed, Respondent’s performance was thereafter followed through observations and assistance. 23. On April 13, 2004, the administration decided to place the Respondent on a PDP, which because of the Collective Bargaining Agreement, was unable to be completed prior to the end of the school year. 24. On June 2, 2004, the Respondent’s IPAS was issued, Respondent was required pursuant to the Collective Bargaining Agreement (“CBA”) to be issued a satisfactory performance evaluation. However, the principal noted that the Respondent needed to work on classroom management, organizational skills and lesson planning. Respondent thereafter filed a grievance to have these comments removed from her IPAS. 25. During the 2006/2007 school year, the Respondent had two (2) students injured on the playground. Respondent did not timely send the students for medical treatment, or file a timely report. Numerous parent complaints and requests for withdrawal of their children from the Respondent’s classroom continued. One incident involved the Respondent belittling a student by calling him “the dumbest kid in my class.” 26. During the 2008/2009 school year, the Respondent was removed from teaching Kindergarten due to numerous complaints made by parents. The parents also expressed that Respondent was an ineffective teacher. Aug 1? 2010 14:12 2010-08-17 14:42 >> 8509216847 =P 13/23 27. During the 2008/2009 school year, numerous incidents were brought to the Respondent's attention concerning her interaction with administration, staff, parents and students, including but not limited to the following: A. Respondent’s refusal to attend field trips, field days, or team-sponsored events which isolated her students. B. Respondent’s failure to follow standard protocols for bathroom breaks. Respondent was issued a memorandum on September 19, 2008 to cease this pattern of behavior and was directed to contact the front office to request a break. Respondent refused this directive and instead left the students unsupervised when she went to take her bathroom break. Cc. Respondent refused to comply with the mandated requirements for fifteen (15) minutes of structured recess for her students. Instead, Respondent would have a second grader carry a chair outside for her to sit on so she could watch the students conduct an unstructured recess. One student was injured while carrying this chair. 28. — Respondent’s ineffective teaching methods during this period becarne apparent to administrators, parents and faculty. Respondent engaged in conflict or confrontation with other teachers over a number of issues. 29. The assessment data in January, 2009 revealed that ten (10) out of Respondent's eighteen (18) students had not moved from a pre-primer level since September 17, 2008. Five (5) of the eight (8) students only showed a minimal progress. A review of her student’s progress for the 2007/2008 school year depicted that fifty (50%) percent of the student’s scores decreased, 30. When brought to her attention, Respondent wrote a rebuttal to state that ninety (90%) Aug 1? 2010 14:12 2010-08-17 14:43 >> 8509216847 =P 14/23 percent of her students did not pass their AR tests because she only had one (1) white student who was from Hungary. The Respondent's demographics were identical to those of her colleagues. 31, Thereafter, Respondent was observed and given assistance during February and March. On February 12, 2009, a substitute filling in for the Respondent found that her lesson plans contained math pages that didn’t correspond with the comprehension page. Further, Respondent’s lesson plan did not include approved Broward County curriculum. Instead, Respondent used non- approved materials. 32. A review of the Respondent’s grade books on April 1, 2009 noted a number of discrepancies in completion of thesereports. Students had been assigned grades without conferring with the other reading teachers. Numerous report cards had identical grades, Several grades were missing from the grade books and no grade averages were indicated in the grade books. Respondent was unable to provide any explanation how she arrived at the grades other than through her observation. Respondent was required to re-do the grade book and report cards for the second quarter and was directed to follow protocol. Respondent failed to do so. 33, During this conference, it was brought to the Respondent’s attention that during one of the observations, a student complained of an injury to her arm. Respondent, without looking at the student, dismissed the student’s complaint and stated “go sit down you will be fine.” 34, On April 3, 2009, the Respondent was notified of a conference scheduled for Apri! 16, 2009 to formulate a PDP. Respondent thereafter applied for and was granted a leave of absence for the remainder of the school year. Upon her return for the 2009/2010 school year, a conference was held with the Respondent and her BTU Representative to initiate a PDP. On September 17, Aug 1? 2010 14:13 2010-08-17 14:43 >> 8509216847 =P 15/23 2009, Respondent left students unsupervised after being given a directive by her principal. The Respondent retorted that she was in the copy room doing her Progress Reports. 35. On October 16, 2009, a conference with the Respondent and the BTU was held to discuss the Respondent’s performance deficiencies and formulate a PDP through May 2010. 36. On February 5, 2010, the Respondent once again failed to timely issue Interim Reports. The Respondent claimed that she was confused about the instruction for completing an Interim Report Card. 37, On February 25, 2010, Respondent failed to provide appropriate supervision and protection to a first grade student. While proceeding to the front door of the school for dismissal, Respondent lost track of a newly enrolled student. The student was found wandering, scared, distraught and lost in a vacant hallway by another teacher. Respondent accepted no responsibility for her action, and instead blamed the student and his mother. A similar incident occurred on October 28, 2009 when Respondent left a first prader unsupervised on the playground when she returned to the classroom. Another teacher found the student on the playground following the Respondent's recess period. The Respondent was issued a written reprimand as a result of the October 2009 incident, In the reprimand, Respondent was advised the following: Please be advised that any further failure on your part to perform to the standards established for the effective and productive performance of your job duties as a teacher will result in further disciplinary action, up to and including termination of your employment. The Respondent submitted a written rebuttal faulting the “numerous interruptions in and out of the class,” and claimed the interruptions were “disparate treatment and harassment.” 38. On June 16, 2010, Respondent’s principal forwarded the attached IPAS to the Aug 1? 2010 14:13 2010-08-17 14:43 >> 8509216847 =P 16/23 Superintendent with a recommendation that the Respondent’s employment be terminated with The School Board of Broward County, Florida. Notice was provided to the Respondent by the Petitioner of his request that The School Board of Broward County, Florida terminate Respondent's employment contract. ADMINIST. IVE CHARGES 39. The following charges are brought against the Respondent, predicated on the foregoing factual allegations, pursuant to Fla, Stat. 1012.33(4)(c), Respondent’s Employment Contract, School Board Rules and Regulations and 6B-4.009 of the Florida Administrative Code, including but not limited to the following: COUNT 1: INCOMPETENCY 40. Respondent has violated Fla. Stat. § 1012.33(4)(c), and Rule 6B-4.009(1) of the Florida Administrative Code. Respondent is incompetent to perform her contractual obligation by reason of her inability or lack of fitness to discharge her required duty as a result of inefficiency or incapacity as defined in Rule 6B-4.009(1). COUNT 2: GROSS INSUBORDINATION/WILLFUL NEGLECT OF DUTIES 41. Respondent’s aforedescribed actions in refusing to obey a direct order(s) which were reasonable in nature and given by and with proper authority is violative of Fla, Stat. 1012.33(4)(c) and Rule 6B-4.009(4) of the Florida Administrative Code. 10 Aug 1? 2010 14:13 2010-08-17 14:44 >> 8509216847 =P 17/23 COUNT 3: MISCONDUCT IN OFFICE 42. Respondent has violated Fla, Stat. 1012.33(4)(c) and Rule 6B-4.009(3) of the Florida Administrative Code. Respondent’s acts are defined as a violation of the Code of Ethics of the Educational Profession as adopted in Rule 6B-1.001 F.A.C. and of Principles of Professional Conduct for the Educational Provisions in Florida, as adopted by Rule 6B-1.006, F.A.C., which are 80 serious so as to impair the individual's effectiveness in the school system, which includes the following: (3) Obligation to the student requires that the individual: (a) shall make a reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety. (b) shall not unreasonably restrain a student from independent action in pursuit of learning. (c) shall not unreasonably deny a student access to diverse points of view. (2) shall not intentionally suppress or distort subject matter relevant to a student’s academic program. (ec) shall not intentionally expose a student to unnecessary embarrassment or disparagement. @ shall not intentionally violate or deny a student’s legal rights. 43. This Administrative Complaint is brought pursuant to the authority outlined in Fla. Stat. §§ 120.57; 1001.42: 1012.22; 1006.07; 1006.28; 1006.21; 1001.50; 1001.49; 1001.51; 1012.27; 1006.08; 1012.33(1)(a); 1012.34 and Chapters 6B-1 and 6B-4 of the Florida Administrative Code. il Aug 1? 2010 14:13 2010-08-17 14:44 >> 8509216847 =P 18/23 DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, James F. Notter, Superintendent of Schools, recommends the dismissal of the Respondent, SANDRA BARNES, from her employment with The School Board of Broward County, Florida, based upon the foregoing facts and legal authority. Petitioner further recommends the immediate suspension of Respondent without further pay or benefits in the event the Respondent should challenge The School Board's decision to terminate her employment. EXECUTED this 20 — day of June, 2010. JAMES F. NOTTER Superintendent of Schools THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA Prepared by Charles T. Whitelock, P.A. 12 Aug 1? 2010 14:14 2010-08-17 14:44 >> 8509216847 =P 19/23 Broward County Public School District, Florida . Instructional Personnel Assessment System v C. Employee: Sandra Barnes |senoo! Yeux 2009-10 | ype of Ascesement: $ - Satisfactory 2 g School: Coconut Palm Elem | Personnel # — tgsig [Contract Status: Development RaunS | N-Needs Improvement |.“ ° Date Collection Dates: 8/09-6/10 | Aseessor — T. Thelinas, Principal | pocumentation’| _* | U- a y 2 ‘ornvance: Areas: Instructional Personnel Performance Indicators |Rating _| if 1 \s. & ‘Develops lesson plane and selects Bevel: ops Jesson plang which reflect the Relates instructional elements such ag O° a instructional materials and activities whieh) precequisite knowledge, skille, and gontent, materials, aelivities, formal, Oo + reflect the district’s curriculum acape and adit f students. a goals to Identified student needs, Instructional sequence and identified leamery’ needs, | ns= of turer “nee nese Oo Planning Specifies learner objectives and relates Speelfies the steps, it ili and Identifies and sequences content. Wiese to the instructional activity. pating of etudent acthvities appropriate: EN 4 their needa and the content 4 D : SETI =m neaeRee ‘ Soleets and usea appropriate ingtesetional |” uf ech technique: including available materials | Emphasizes what is impottant to aie cations whl oh ae clear and and technology which support leaning torember, tesponding Lesson of the specific types of knowledge or Presentation Uses different types of questions te obtain Circulates about the room as students desired Jeamer responses. engage in seatwork and asslate students . as needed, par aeenerid aasponses to queslitnt| views student wade and provides ely Gives cleat, beled, and expileit directions and cheeks forunderitanding, Presents connected or associated and thoughe, Uses correct grammar in written and oral sommunicabiare. Communicates leamer elatug and . ays progress to parents in order to maintain Demonstrates basic mechanits af writing: | 3 positive, collaborative retationship. spelling capitalization, and punctuation. | Additionally, esminunicater leatmay ttatus and progress to the student and other professionala, Communication Expressed Interest and exeltement through verbal and nonverbal behavior, paki ae Demonstrates an awareness of what all students are doing Establishes and implements apecifie behavioral and procedural expectations, Behavior Management rales, and consequences, Stops inappropriate behavior before it apreads or becomes more carious, E 7 _ renee é Subj lect Matter Precurts securate information, Recognizes and promotes the relationship romecnnr oxgenixes and presents : } of the subject with the school’s curriculum. | content forthe spe ubjest, 4 , Kogelede (a i : : a) Fan TERA he Hi “ - Needs Improvement Overall Performance Rating] §- Satisfactory tanmel sonbact teachers only) U- Unsatisfactory [mw [eo f : £ Assessor ° < = eee < ont Oars et meas on ee iW, Dope ns ii € Yao.g yg, We op SoA ee cenit Same ord CO : Suge ee oy ahs CORES era A SS ‘ Aug 1? 2010 14:15 8509216847 =P 20/23 >> 2010-08-17 14:46 mn, Gay a coo boanud PLN a ee fore 9 Beeradene Sot ease hoo SOUP IIO. 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