STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 090-0051

KATHARINE SCHENKEL WEHRMANN,

Respondent.

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ADMINISTRATIVE COMPLAINT

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Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against KATHARINE SCHENKEL WEHRMANN. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate pursuant to Sections 1012.315, 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 510560, covering the area of Art, which is valid tlrrough June 30, 2015.

1. At all times pertinent hereto, the Respondent was employed as an Art Teacher in the

   Du val County School District.

   
   

   lVIATERIAL ALLEGATIONS

   
   

2. During the 2008-2009 school year, the Respondent engaged in inappropriate conduct towards students while they were in the Respondent's Art class at Dinsmore Elementary School. Specifically:

   
   

   1. the Respondent belittled students and criticized students' efforts in class;

      
      

   2. the Respondent used a harsh tone of voice when directing students and yelled at

      students;

      
      

      Filed March 24, 2011 3:23 PM Division of Administrative Hearings

      KATHARINE SCHENKEL WEHRMANN

      Administrative Complaint

      Page 2 of3

   3. the Respondent stated that female student I.B. was "pissing me off' or words to that effect; and

      
      

   4. when students attended her class wearing pajamas as part of a class activity for the holidays, the Respondent told the class that they were "stupid" for wearing pajamas to school.

   
   

3. During the 2009-20 l O school year, the Respondent engaged in inappropriate conduct towards students while they were in the Respondent's Art class at Southside Estates Elementary School. Specifically:

   
   

   1. the Respondent berated students for not lining up or properly completing their work. On one occasion the Respondent ejected a five year-old male student with Down's Syndrome because he could not complete a class assignment;

      
      

   2. the Respondent told students that they would never go to college;

      
      

   3. the Respondent used a harsh tone of voice when directing students and yelled at students; and

      
      

   4. on or about March 18, 2010, the Respondent told female student A.W. to stand in the comer for misbehavior. When A.W. sat down the Respondent slapped A.W.'s face and told her that she would never go to college.

   
   

4. During the2009-20 IO school year, the Respondent engaged in inappropriate conduct towards students while they were in the Respondent's Art class at Loretto Elementary School. Specifically, the Respondent used a harsh tone of voice when directing students and yelled at students.

   
   

5. TI1e Respondent's conduct as alleged in this Administrative Complaint caused students to fear attending her class and caused parents and teachers to request that students not be assigned to her class.

The Petitioner charges:

STATUTE VIOLATIONS

COUNT 1: The Respondent is in violation of Section 1012.795(l)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education.

COUNT 2: The Respondent is in violation of Section 1012.795( l )(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession

KATHARINE SCHENKEL WEHRJ.\t!ANN

Administrative Complaint

Page 3 of3

prescribed by State Board of Education rules.

RULE VIOLATIONS

COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B­ l.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions hannful to learning and/or to the student's mental health and/or physical health and/or safety.

COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- I.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement.

WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose anappropriate sanction against the Respondent's educator's certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent's authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroli in the Recovery Network Program; suspending the Respondent's educator's certificate for a period of time not to exceed five years; revoking the Respondent's educator's certificate for a period of time up to 10 years or permanently; determining the Respondent to be ineligible for certification; or barring the Respondent from reapplying for an educator's certificate for a period of time up to 10 years or pennanently.

EXECUTED on this ? day of Dt_ r , 2010.

Commissioner of Education State of Florida

Docket for Case No: 11-001560PL