STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 112-1203 DONNA L. HOLLOWAY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against DONNA L. HOLLOWAY. 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 LL, The Respondent holds Florida Educator’s Certificate 645950, covering the areas of Educational Media Specialist, Elementary Education, Varying Exceptionalities, and Prekindergarten Disabilities, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Prekindergarten Teacher at Freedom Elementary School in the Manatee County School District. MATERIAL ALLEGATIONS 3. During the 2008-2009 school year, Respondent was excessively absent from work. Excluding absences under the Family Medical Leave Act (FMLA), Respondent was absent a total of 29.6 days, approximately 14 percent of the school year. 4, During the 2009-2010 school year, Respondent was excessively absent from work. Excluding FMLA absences, Respondent was absent a total of 24.5 days, approximately 12 percent of the schoal year. DONNA L. HOLLOWAY Administrative Complaint Page 2 of 4 5. On or about October 22, 2009, Respondent was issued a letter of reprimand by her principal due to parental complaints regarding their children’s academic progress in Respondent’s class, Respondent’s failure to send classwork and grades home with students, failure to send information to parents regarding report card conferences, failure to use student agendas as directed, discussing protected student information with individuals who are not the students’ parent or guardian, creating stress for students by discussing the problems some children have at home, discussing medication Respondent takes with students, leaving the classroom during instruction time, telling parents that Respondent’s class was a “bad hand,” failure to complete paper work on time, failure to submit lesson plans as required, failure to effectively utilize planning time, failure to participate in school wide safety drills, and failure to follow core curriculum and road maps in the classroom. 6. Despite having the assistance and guidance of the school’s Exceptional Student Education (ESE) Specialist, Respondent failed to complete 11 Individualized Education Plans (IEPs) for her ESE students by the end of the 2009-2010 school year, as required by the school. To avoid penalty or sanction of the school or the Manatee County School District (District), the ESE specialist completed the [EPs for Respondent. 7. During the 2010-2011 school year, Respondent was excessively absent from work, including being absent on Monday and Friday of the first week of school and failing to work a full work week from August of 2010 to’ March of 2011. Excluding FMLA absences, Respondent was absent a total of 22.4 days, approximately 11 percent of the school year. 8. On or about December 9, 2010, Respondent was issued a letter of reprimand by her principal citing Respondent’s excessive absences and tardies and notifying Respondent that Respondent’s failure to correct her behavior may result in disciplinary action, including termination of her employment, 9, Respondent’s absences sometimes created difficulties for the school in that the school had to arrange for a substitute teacher on short notice. 10. During the 2010-2011 school year, Respondent often had difficulty using the telephone system to report her upcoming absences to the school administration. When Respondent had difficulty with the telephone system, she left phone messages for various people in the school administrative offices that were considered by the principal and others to be sarcastic, rude, or unprofessional, ll. Despite having the assistance and guidance of the school’s ESE Specialist, Respondent failed to complete the IEPs for six of her ESE students by the end of the 2010-2011 school year, as required by the school. On or about June 17, 2011, Respondent was notified by her principal that the IEPs needed to be completed; however, Respondent failed to comply with the directive. DONNA L. HOLLOWAY Administrative Complaint Page 3 of 4 12. On or about February 17, 2011, Respondent was notified by the school of several areas of concern regarding her performance, including: planning, management of student conduct, instructional organization and development, presentation of subject matter, communication, and employability. As a result, Respondent was placed on the District’s documentation program for purposes of monitoring Respondent’s performance. Respondent refused offers of professional assistance while on the program. 13. Respondent frequently left her class with a teaching assistant or paraprofessional during the school day. On or about March 3, 2011, after being observed on multiple occasions walking on the school campus either alone or with a student during instructional time, Respondent was issued a written directive by her principal to remain with Respondent’s students at all times during the school day, except during her specifically designated breaks and planning time. 14, On or about May 3, 2011, Respondent was notified that she was not performing her teaching duties in a satisfactory manner and that she was being placed on performance probation as provided by section 1012.34, Floirda Statutes. Respondent’s areas of unsatisfactory performance included planning, management of student conduct, instructional organization, presentation of subject matter, communication, and employability. Respondent was given recommendations for improvement and 90 days to satisfactorily correct the listed deficiencies. 15. On or about October 19, 2011, Respondent was issued a letter indicating that she would be recommended by the District superintendent for dismissal. Respondent appealed the termination, A formal hearing was held by the Division of Administrative Hearings (DOAH) and a Recommended Order was rendered by the Administrative Law Judge recommending that Respondent be terminated. On or about May 15, 2012, the District entered a Final Order terminating Respondent’s employment. Respondent appealed and on or about April 12, 2013, the Second District Court of Appeal per curium. affirmed the Final Order entered by the District. 16. Respondent violated Section 1012.53(2), Florida Statutes, by failing to perform the duties prescribed by rules of the district school 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. DONNA L. HOLLOWAY Administrative Complaint Page 4 of 4 COUNT 3: The Respondent is in violation of Section 1012.795(1)G), 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. 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 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 time up to 10 years or permanently. EXECUTED on this /94%, day of Avy us+ , 2014, PAM STEWART, as Comrnissioner of Education State of Florida

Docket for Case No: 15-001192PL