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DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION vs JANET BARR, 13-003713PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-003713PL Visitors: 214
Petitioner: DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION
Respondent: JANET BARR
Judges: J. D. PARRISH
Agency: Department of Education
Locations: Viera, Florida
Filed: Sep. 25, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 19, 2013.

Latest Update: Nov. 16, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, Petitioner, vs. CASE NO. 112-2499 JANET CHRISTINE BARR, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative Complaint against JANET CHRISTINE BARR. 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 Rule6A~10,081, 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 Ll. The Respondent holds Florida Educator’s Certificate 1058283, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL) and Mathematics, which is valid through June 30, 2018. 2 Atall times pertinent hereto, the Respondent was employed as a Sixth Grade Teacher at Mila Elementary School in the Brevard County School District. MATERIAL ALLEGATIONS 3. Or about: March 9, 2012, the Respondent reported for duty and supervised students while under the influence of alcohol. The Respondent was observed to have an unsteady gait, delayed responses:and disorientation, and emitted. an odor of alcohol. The Respondent was directed to undergo a reasonable suspicion test and tested positive for alcohol. JANET CHRISTINE BARR Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 2: The Respondent is in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(a), Florida Administrative Code, in that Respondent has failed.to make reasonable effort to protect the student from conditions harmful to learring and/or to the studént’s mental health and/or physical health and/or safety. (SIGNATURE ON FOLLOWING PAGE) JANET CHRISTINE BARR Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth berein 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 an appropriate 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 enroll 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 tite up to 10 years ot permanently. EXECUTED on this 1" day of Pope 2013. DR. TONY BENNETT as Commissioner of Education State of Florida

Docket for Case No: 13-003713PL
Source:  Florida - Division of Administrative Hearings

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