STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-1819 MARY ANN HAVRILAK, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against MARY ANN HAVRILAK. 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 6A-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 1, The Respondent holds Florida Educator’s Certificate 983787, covering the area of Elementary Education, which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education (ESE) Teacher in the Pinellas County School District. Respondent was an ESE Teacher at Sandy Lane Elementary School during the 2011-2012 school year and an ESE Teacher at Safety Harbor Elementary School during the 2012-2013 school year. MATERIAL ALLEGATIONS 3. During the 2011-2012 school year, while employed by the Pinellas County School District, (“District”) Respondent proved to be incompetent to perform her duties as a teacher. 4, On or about February 20, 2012, the Respondent was observed by the school’s district behavior specialist. The behavior specialist reported the following areas needed improvement: providing clear routines and reinforcement, setting reasonable limits and expectations for students, MARY ANN HAVRILAK Administrative Complaint Page 2 of 4 following through with consequences given and tightening up data collection. 5. On or about February 21, 2012, the Respondent met with the school administration to review her performance. The administration placed her on a Teacher Success Plan, 6. During the 2011-2012 school year, the Respondent, while employed as an Exceptional Student Education Teacher at Sandy Lane Elementary School in Pinellas County, Florida, performed less than effective on her Teacher Assessment Instrument in the areas of: ability to asséss instructional needs, plans and delivers instructions, maintains a student-centered learning environment, performs professional responsibilities and engagés in continuous improvement for self and school, The result reflected an overall unsatisfactory rating of 21.76 out of 100. 7. On or about August 13, 2012, the Respondent was transferred to Safety Harbor Elementary School in the Pinellas County School District. 8. During the 2012-2013 school year, while employed by the Pinellas County School District, (“District”) Respondent proved to be incompetent to perform Her duties as a teacher. 9, On October 9, 2012, administration e-mailed the Respondent areas of needing improvement, including: preventative measures with students, effective use of the level system, verbal redirections with strategic. preventatives and physical room arrangement. 10. On or about November 8, 2012, Safety Harbor Elementary School Administration imet with the Respondent to discuss her performance. The concems focused on the following: lack of structured environment in the EBD classroom, poor lesson planning and instructional delivery, tnadequate follow through on case manager responsibilities and lack of follow through on diseussed expectations. The meeting summary noted administration’s many conversations with the Respondent concerning issues in the classroom. Noted specifically, the administration watched the decline of the class and had to take control of the class and. give directions to students. 11. During the 2012-2013 school year, the Respondent failed to improve after attending her required training to improve job performance. 12. Duting the 2012-2013 school year, the Respondent failed to enter grades for 14 weeks and determined grades without the necessary student work or any evidence of data collection. 13. During the 2012-2013 school year, the Respondent failed to complete Individualized Education Plans (IEP) as required and had numerous [EP violations. 14. During the 2012-2013 school year, the Respondent failed to exercise classroom management which included the following: failure to develop and maintain a behavioral management plan, failure to practice or implement the levels system, poor lesson planning, MARY ANN HAVRILARK Administrative Complaint Page 3 of 4 instructional delivery and failure to follow through on case manager responsibilities, 15. On or about December 14, 2012, the Respondent resigned in lieu of recommendation or dismissal, effective January 15, 2013. 16. Respondent is in violation of Section 1012.53(1), Florida Statutes, in that espondent has failed to work diligently and faithfully to help students meet or exceed annual earning goals. 17, Respondent is in violation of Section 1012.53(2), Florida Statutes, in that Respondent failed to perform duties prescribed by rules of the district school board. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: — The Respondent is in violation of Section 10 12.795(1)(c), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. COUNT 2: 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. COUNT3: — The Respondents in violation of Section 1012.795(1)Q), 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 4: — The allegations of misconduct set forth herein aré 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 learning and/or to the student’s mental health and/or physical health and/or safety. (SIGNATURE ON FOLLOWING PAGE) MARY ANN HAVRILAK Administrative Complaint Page 4 of 4 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 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 ora 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 thé 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 permanently. EXECUTED on this \S day of Senuness 2014. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-001758PL