BEFORE THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA ROBERT W. RUNCIE, Superintendent, Petitioner, vs. SHERRY ABRAM, Employee, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, through its Superintendent, ROBERT W. RUNCIE, and files this Administrative Complaint and states the following: |. JURISDICTIONAL BASIS 1. The Agency is the School Board of Broward County, Florida located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 2. The Petitioner is Robert W. Runcie, who is the Superintendent of Schools of Broward County, Florida. His address is 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 3. The Petitioner is statutorily obligated to recommend the placement of School Board personnel, and require compliance and observance by all personnel with all laws, rules and regulations. See §1012.27, Fla. Stat. 4, The employee against whom discipline is recommended, Respondent, Sherry Abram, has been employed by the School Board of Broward County, Florida, since August 24, 1999, with her last known employment as a Head Start Teacher at Quiet Waters Elementary School. 5. The legal basis for Ms. Abram’s suspension is misconduct in office and insubordination. See 1012.33, Fla. Stat.; Fla. Admin. Code r. 6B-1.001, 6B-1.006, 6A-5.056. li. ADMINISTRATIVE CHARGES The Petitioner, Robert W. Runcie, alleges as follows: 6. This recommendation for a three (3) day suspension from employment is based on Ms. Abram’s failure to comply with local and federal requirements pertaining to the Head Start program as well as violations of internal School Board policies and procedures governing email communications. 7. Head Start is a federal program that promotes the school readiness of children ages birth to five years from low-income families by enhancing their cognitive, social and emotional development. 8. On August 15, 2012, Ms. Abram, and other Head Start teachers attended a training to address the assessments and deadlines required by federal law applicable to the Head Start program. In addition, deadlines and program requirements are posted on the Head Start CAB conference, which is available to all Head Start teachers. 9. Throughout the next few months, the Head Start Teacher Specialist (Monica Soifer) emailed regular reminders to Ms. Abram, and attempted to speak with her during visits to Quiet Waters Elementary School. 10. Ms. Abram did not open any of the emails sent to her from Ms. Soifer, and Ms. Abram refused to let Ms. Soifer enter her classroom in September 2012. 11. The Head Start Performance Standards set forth detailed requirements that are to be satisfied by Head Start Teachers like Ms. Abram. 12. By way of example, Performance Standard 1304.20(b)(1) requires that all developmental, sensory and behavioral screenings be completed within forty-five (45) days of a student's entry into the program. 13. Ms. Abram failed to meet these deadlines. 14. Between October 23, 2012 and November 20, 2012, the Head Start Coordinator, Claudia Dean, sent Ms. Abram regular emails notifying her that her classroom was out of compliance and provided detailed explanations about what needed to be completed. 15. Ms. Abram responded that staff was tampering with her work. 16. On October 30, 2012, a pre-disciplinary meeting was conducted regarding Ms. Abram’s failure to comply with those federal deadlines, her refusal to read emails from the Head Start program, technology usage, attendance and home visits and parent conferences. 17. On November 2, 2012, a meeting was held with the Head Start Team assigned to Quiet Waters Elementary this included Ms. Abram, the Head Start Teacher Specialist (Monica Soifer), the Social Worker (Glender Williams) and the Head Start Coordinator (Claudia Dean). 18. The purpose of the meeting was to review the process and procedures of the Head Start program and to work on communication between the individuals. 19. During that meeting, Ms. Abram adamantly stated that Ms. Soifer could only come in to her classroom when she was not present. 20. Ms. Abram also declined any additional educational support from the Head Start Program. 21. Ms. Abram also asked for the Head Start Program to pay for a substitute teacher for November 5, 2012, so that she could complete the required documentation and bring her classroom into compliance. Head Start approved the payment for the substitute to provide assistance with the completion of the screening requirements. 22. Ms. Abram failed to follow the appropriate procedure to process and apply for a Temporary Duty Authorization (TDA) to cover her absence from the classroom in order to complete the Head Start screening requirements. 23. Ms. Abram called in absent on November 5, 2012, did not log in to the system until 2:00 p.m., and as of 5:15 p.m., her classroom was still not in 4 compliance. 23. For the next several days, Ms. Dean, continued to email Ms. Abram specific details about what needed to be done to bring her classroom into compliance. 24. On November 9, 2012, Quiet Waters Elementary School Principal, Lori McConaughey issued a written reprimand to Ms. Abram, notifying her of her failure to adhere to federal guidelines and advising her that any further failure to effectively perform her job requirements would result in further disciplinary action up to and including the termination of her employment. ' 25. Following Ms. Abram’s. continued noncompliance, another pre-disciplinary meeting was held on November 20, 2012. 26. At that meeting, Principal McConaughey addressed Ms. Abram’s failure to follow the appropriate procedures to process and apply for a TDA, and her continued failure to meet the developmental, sensory and behavioral screening deadlines for her students, which constitute a failure to perform her duties as prescribed by federal law. 27. On Thursday, December 6, 2012, Principal McConaughey attempted to give Ms. Abram a letter advising of the Principal's recommendation that Ms. Abram be suspended for three (3) days as a result of her failure to perform the ' On December 3, 2012, Ms. Abrain filed a grievance of this written reprimand. That grievance, and the relief requested therein, was denied. requirements of her job. 28. Ms. Abram refused to take the letter, which was provided to her BTU Steward. 29. A meeting was then scheduled for December 10, 2012 with Ms. Abram and her BTU Representative. 30. On December 10, 2012, Ms. Abram was absent but she agreed to meet on December 11, 2012. 31. On December 11, 2012, a follow-up meeting was held to discuss Ms. Abram’s grievance (which was denied) and the November 20, 2012 pre-disciplinary conference. 32. At that time, Ms. Abram was notified of the recommendation that she be suspended for three (3) days. 33. Having reviewed the materials supporting the charges against Ms. Abram, the Petitioner/Superintendent hereby agrees with the recommendation of the Principal of Quiet Waters Elementary School and recommends, to the School Board of Broward County, that Ms. Abram be suspended from her employment for three (3) working days. 34. This recommendation is in accordance with the federal Head Start guidelines and standards, the Florida Statutes, the Florida Administrative Code, and the policies and procedures of the School Board of Broward County. 35. In accordance with Florida law, this recommendation for a suspension must be reviewed, and approved by the School Board. See §1012.33(6)(b), Fla. Stat. 36. ‘If the ultimate decision is adverse to her, Ms. Abram may challenge the decision by seeking an administrative hearing pursuant to Chapter 120 of the Florida Statutes. EXECUTED this day of January, 2013. ROBERT W. RUNCIE Superintendent of Schools cc: Eugene K. Pettis, Esq. Debra P. Klauber, Esq. Haliczer Pettis & Schwamm

Docket for Case No: 13-001971TTS