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PAM STEWART, AS COMMISSIONER OF EDUCATION vs KAREN ROSALIE SCHIEFLER, 15-000857PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-000857PL Visitors: 46
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: KAREN ROSALIE SCHIEFLER
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Tampa, Florida
Filed: Feb. 16, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 20, 2015.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-2326 KAREN ROSALIE SCHIEFLER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against KAREN ROSALIE SCHIEFLER. The Petitioner seeks the appropriate disciplinary sanction. of the Respondent’s educator’s ceritficate 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 L. The Respondent holds Florida Educator's Certificate 706578, covering the areas of Art, Gifted and Exceptional Student Education, which was valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as an Art Teacher in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 schoo! year, Respondent failed to carry out the duties of a teacher. Specifically: (a) Respondent failed to maintain a positive learning environment where students experience academic success; (b) Respondent failed to meet her classes in a timely manner; KAREN ROSALIE SCHIEFLER Administrative Complaint Page 2 of 7 (c) Respondent failed to remain professional in her discourse and interactions with colleagues; (d) Respondent engaged in excessive physical contact with students and had excessive negative interactions with students; (e) Respondent was hostile toward other teachers and made numerous inappropriate phone calls to staff; (§) Respondent failed to implement appropriate classroom management techniques; and (g) Respondent was excessively absent from schooi. 4. On or about May 9, 2010, Respondent received an overall “Unsatisfactory” rating on her performance review for the 2009-2010 school year at Sulphur Springs Elementary School. Respondent received an “Unsatisfactory” rating in each of the rated areas, including: instructional effectiveness, planning and preparation, professional behaviors, techniques of instruction, and classroom management. 5. On or about August 24, 2010, Respondent was provided an Action Plan by the Hillsborough County School District (District), detailing the District’s expectations for Respondent’s improvement in the upcoming 2010-2011 school year. 6. The Action Plan required, in pertinent part, that: (a) Respondent submit lesson plans weekly; (b) Respondent’s students’ progress be monitored bi-weekly; (c) Respondent review and analyze a video of one of her lessons once per week; (d) Respondent observe on-site teachers and discuss with administration the effective techniques used by those teachers; (e) Two art specialists mentor Respondent; (f) Respondent’s administrators engage in imformal and formal observations of Respondent and provide Respondent feedback, (g) Respondent participate in various professional activities, including District workshops; (h) Respondent attend monthly “Support Team” meetings to discuss her progress; and KAREN ROSALIE SCHIEFLER Administrative Complaint Page 3 of 7 G) Respondent be formally observed using the District's observation tool and that Respondent receive a Fall and Spring Evaluation. 7. On or about August 24, 2010, Respondent was notified by Colleen Bevis Elementary School, where she was employed for the 2010-2011 school year, that Respondent’s failure to correct her performance deficiencies may result in her dismissal from her employment with the District. 8. During the fall semester of the 2010-2011 school year, Respondent failed to perform the duties of a teacher and comply with the Action Plan. Specifically, Respondent failed to: (a) Make appropriate lesson plans and submit those plans to administration on a regular basis; (b) Demonstrate knowledge of her students and the needs of individual students; (c) Set appropriate and clear instructional outcomes or goals; (d) Demonstrate knowledge and effective use of technology resources; (ec) Design coherent instruction; (£) Properly assess student achievement; (g) Effectively manage classroom procedures; (b) Effectively manage student behavior, (@) Communicate learning objectives to students; (j) Meaningfully engage students with questions and discussion; (k) Engage students in learning; (1) Clearly communicate assessment tools to students; (m) Demonstrate the ability to adjust a lesson to meet the needs of students; (n) Demonstrate the ability to self-assess Respondent’s abilities or apply suggested techniques for improvement; (0) Maintain accurate records or provide helpful lesson plans to substitute teachers; KAREN ROSALIE SCHIEFLER Administrative Complaint Page 4 of 7 (p) Adequately communicate with parents and families; (q) Utilize professional resources; and (r) Appropriately interact with colleagues. 9. As of December 17, 2010, or thereabout, Respondent failed to show improvement as required by the Action Plan. Respondent was provided a memorandum by the Colleen Bevis Elementary School principal, detailing Respondent’s evaluation for the fall semester of the 2010- 2011 school year, noting Respondent’s deficiencies and continued failure to meet expectations. The memorandum also included suggestions for Respondent’s improvement. 10. During the spring semester of the 2010-2011 school year, Respondent continued to fail to perform the duties of a teacher and comply with the Action Plan. Specifically, Respondent failed to: (a) Make appropriate lesson plans and submit those plans to administration on a regular basis; (b) Demonstrate knowledge of her students and the needs of individual students; (c) Set appropriate and clear instructional outcomes or goals; (d) Demonstrate knowledge and effective use of technology resources; (ec) Design coherent instruction; (f) Properly assess student achievement; (g) Create an environment conducive to learning; (h) Effectively manage classroom procedures; (Gi) Effectively manage student behavior; (j) Communicate learning objectives to students; (k) Meaningfully engage students with questions and discussion; (1) Engage siudents in learning; (m) Clearly communicate assessment tools to students; KAREN ROSALIE SCHIEFLER Administrative Complaint Page 5 of 7 (n) Demonstrate the ability or willingness to adjust a lesson to meet the needs of students; (o) Demonstrate the ability to self-assess Respondent’s abilities or apply suggested techniques for improvement; (p) Submit grades in a timely manner or provide helpful lesson plans to substitute teachers; (q) Adequately document progress with respect to Respondent’s Action Plan; (r) Adequately communicate with parents and families; (s) Utihze professional resources; (t) Appropriately interact with colleagues; (u) Use leave time appropriately, and (v) Demonstrate the ability to work with minimal supervision. ll. As of May 23, 2011, or thereabout, Respondent had failed to show improvement as required by the Action Plan. Respondent was provided a memorandum by the Colleen Bevis Elementary School principal, detailing Respondent’s evaluation for the 2016-2011 school year, noting Respondent’s deficiencies and continued failure to meet expectations. 42. Respondent’s overall rating for her evaluation for the 2010-2011 school year was “Unsatisfactory.” 13, As a result of Respondent’s consecutive “Unsatisfactory” evaluations, on or about October 17, 2011, Respondent was notified that she would be recommended for dismissal from her employment with the District. 14. On or about February 26, 2012, Respondent was notified by the District that as a result of Respondent’s inability to perform essential functions of a classroom teacher, Respondent would be considered for a non-classroom position, in-lieu of Respondent's termination by the District. Respondent was given 60 days by the District to secure a support position, Respondent failed to secure such a position and was therefore, required to resign her employment with the District. 15. Respondent is in violation of Section 1012.53(1), Florida Statutes, m that Resporident has repeatedly failed to work diligently and faithfully to help students meet or exceed annual learning goals. KAREN ROSALIE SCHIEFLER Administrative Complaint Page 6 of 7 16. Respondent is in violation of Section 1012.53(2), Florida Statutes, im that Respondent failed to perform duties prescribed by rules of the district schoo! board. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(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 effectiveness'as an employee of the school board. COUNT 3: The Respondent is in violation of Section 1012.795(1)@), 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 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 learning and/or to the student*s mental health and/or physical health and/or safety. (SIGNATURE ON FOLLOWING PAGE) KAREN ROSALIE SCHIEFLER Administrative Complaint Page 7 of 7 WHEREFORE, based on ihe 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 or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any petiod 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 time up to 10 years or permanently. EXECUTED on this MX day of August _ 2014, PAM STEWART, as Commissioner of Education State of Florida EDUCATION PRACTICES COMMISSION STATE OF FLORIDA GRETCHEN KELLEY BRANTLEY MARK STRAUSS Executive Director Chairperson LEE ANN GUSTAFSON DAVID THOMPSON Counsel Co-Chairperson February 16, 2015 Karen Schiefler 4205 West Bay Villa Avenue Tampa, Florida 33611 RE: Pam Stewart, as Commissioner of Education vs. Karen Schiefler DOE #706578 EPC Case # 15-0062-RT (reference all correspondence with this number) Dear Ms. Schiefler: On February 10, 2015, the Office of Professional Practices Services (PPS) filed your case with us, the Education Practices Commission (EPC). As you requested, we will forward your case to the Division of Administrative Hearings (DOAH) for a formal hearing. DOAH will notify you as to the date, time and location. Once DOAH hears your case, the Administrative Law Judge will submit a Recommended Order back to us, the EPC, to take final agency action. We will notify you as to the date, time and location. All address changes after filing the Election of Rights, must be filed in writing with us, the EPC. It is your responsibility to make sure your address is up-to-date and you check your mail. Our office will move your case forward with or without your participation. If you have any questions, we can be reached at (850) 245-0455. Sincerely, iat pw Gretchen Kelley Brantley, as Clerk of EPC Ce: Ron Weaver, Esquire Mark Herdman, Esquire Hillsborough County Schools Office of Professional Practices Services Counsel for Professional Practices Services Bureau of Educator Certification 325 W. Gaines Street 316 Turlington Building Tallahassee, FL 32399-0400 (850) 245-0455

Docket for Case No: 15-000857PL
Source:  Florida - Division of Administrative Hearings

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