STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-2417 ROBIN MAUREEN LOCKERY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ROBIN MAUREEN LOCKERY. 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 679612, covering the area of Speech Language Impaired, which is valid through June 30, 2016. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Speech and Language Pathologist at James H. Bright Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2008-2009 school year, Respondent failed to competently perform her duties as an Exceptional Student Education Speech and Language Pathologist. Specifically, Respondent failed to: (a) properly update information in her students’ Individualized Education Plans (IEPs) in a timely manner; ROBIN MAUREEN LOCKERY Administrative Complaint Page 2 of 7 (b) protect confidential student information; and (c) properly maintain student records, 4, On or about January 23, 2009, Respondent was directed by the school to schedule TEP meetings and to properly maintain IEPs in accordance with Miami-Dade County School District (District) requirements. 5. On or about February 26, 2009, Respondent was directed by the school to correct identified errors in her students’ IEPs and to use the District's computer program for documenting IEPs. 6. On or about March 23, 2009, Respondent was directed by the school to correct errors and deficiencies in her students’ speech and language records. 7. During the 2009-2010 school year, Respondent failed to competently perform her duties as an Exceptional Student Education Speech and Language Pathologist. Specifically, Respondent failed to: (a) complete IEPs for her students in a timely manner, resulting in the IEPs being out-of- date; (b) schedule IEP meetings in a timely fashion; (c) submit required reports; (d) respond to the school’s administration when required; (¢) maintain student service logs; and (f) provide services to her students in accordance with the students’ IEPs. 8. During the 2010-2011 school year, Respondent proved to be incompetent to perform her duties as an Exceptional Student Education Speech and Language Pathologist. Specifically, Respondent: (a) continuously failed to adhere to her scheduled assignments to perform her teaching duties; (b) continuously failed to adhere to her therapy schedule; {c) continuously failed to follow directives and adhere to the procedures regarding the correction of TEPs that were out of compliance; ROBIN MAUREEN LOCKERY Administrative Complaint Page 3 of 7 (d) continuously failed to respond to the Principal’s requests to meet to discuss compliance issues; and (e) continuously failed to follow directives issued by the school or Principal. 9, On or about September 14, 2010, Respondent was placed on an Improvement Plan which directed Respondent to: (a) verify that all speech students were being serviced and keep a log that reflects the date of service and students’ signatures; (b) update an IEP that was out of compliance as of September 17, 2010; (c) update the therapy schedule and if needed, consult with the Principal to ensure all speech students were accounted for; and (d) write a detailed plan indicating how students will be taken to and from speech therapy and how attendance will be documented and submit the plan to the Principal on or before September 24, 2010. 10. Respondent failed to comply with all of the requirements of the Improvement Plan as stated in paragraph 9, herein, by failing to either provide services to students in accordance with the therapy schedule or failing to update the therapy schedule, 11. On or about September 28, 2010, Respondent was placed on another Improvement Plan which directed her to: (a) submit a daily attendance log to the Principal at the end of each day in order to verify that all of the speech and language impaired students were being serviced according to the updated therapy schedule submitted; (b) indicate on the log the date of service and include the students’ signatures; (c) update the therapy schedule and if needed, consult with the Principal to ensure that times noted on the schedue correlate with the actual time the students are being serviced; (d) refrain from providing services during the students’ Language Art block; and (ce) write a plan showing how students who miss their scheduled therapy session will make up that time and submit it to the Principal on or before October 8, 2010. 12. Respondent failed to comply with all of the directives set forth in the " 9 , napncrre ret foils et rovida tharamyy: ta oa ctident ac improvement Plan in paragraph 11, herein, by failing to provide therapy to a student as ROBIN MAUREEN LOCKERY Administrative Complaint Page 4 of 7 documented in the therapy log and failing to provide services according to the work and therapy schedules. 13. As a result of Respondent’s failure to maintain program attendance logs, comply with IEP mandates, and service speech and language impaired students, on or about October 15, 2010, the Principal recommended to the District that Respondent’s employment be terminated, 14, On or about March 3, 2011, Respondent failed to protect confidential documents of two students when she sent copies of the students’ IEPs, Measurable Annual Goals and Benchmarks, Attendance Calendars and Speech Language Therapy Data Sheets through the school mail to district personnel. 15, On or about March 4, 2011, Respondent was issued directives by the District requiring that Respondent: (a) adhere to all District Board Rules and regulations at all times: (b) adhere to the guidelines and directives previously issued by the principal; (c) perform assigned duties as a Speech Pathologist; (d) update and maintain IEPs and insure that they do not expire: (e) comply with reasonable requests of the principal to meet to discuss compliance issues; (f) provide services to all speech language impaired students on a regular basis as mandated by their TEP; and (g) maintain program attendance logs to reflect services rendered. 16. On or about May 12, 2011, as a result of Respondent’s failure to perform her duties as an Exceptional Student Education Speech and Language Pathologist, Respondent’s employment was suspended by the District for 22 days. 17. During the 2011-2012 school year, Respondent failed to competently perform her duties as an Exceptional Student Education Speech and Language Pathologist. Specifically, Respondent: (a) continually failed to maintain accurate records, including failing to track the services provided to students required to have speech and/or language services according to the students’ IEPs; ROBIN MAUREEN LOCKERY Administrative Complaint Page 5 of 7 Principal in a timely manner; and (c) failed to provide accurate, daily therapy schedules as required, which put the school’s funding for speech and language services at risk. 18. On or about December 16, 2011, Respondent was directed by the District to: (a) adhere to all district policies and regulations; (b) adhere to previously issued directives from the Principal; (c) perform assigned job duties; (d) update and maintain IEPs in a manner that ensures the IEPs do not expire; (e) service all assigned speech language impaired students on a regular basis as mandated by the students’ IEPs; and (£) maintain program attendance logs to reflect services rendered. 18 As a result of Respondent’s gross-insubordination related to her non-performance and deficient performance of job responsibilities, incompetency due to inefficiency, and violations of the District’s rules and policies, on or about January 4, 2012, the Principal again recommended to the District that Respondent’s employment be terminated. 19, On or about February 15, 2012, the District terminated Respondent's employment, and Respondent appealed the dismissal, Pursuant to a Settlement Agreement between Respondent and the District, Respondent was reinstated to her position effective October 11, 2012, and the period between February 15, 2012 until October 10, 2012 constituted a suspension without pay from employment. 20. During the 2012-2013 school year, Respondent failed to competently perform her duties as an Exceptional Student Education Speech and Language Pathologist. Specifically, Respondent: (a) failed to demonstrated an understanding of the needs of her students; (bo) failed to plan or organize services to meet the needs of her students and as required by students’ IEPs; (c) failed to demonstrate knowledge of the subject, content, or strategies to implement services for students; ROBIN MAUREEN LOCKERY Administrative Complaint Page 6 of 7 (d) failed to collect, analyze, or use data to guide student progress: and (e) failed to maintain records in a manner consistent with professional records, including failing to update IEPs in a timely manner. 21. On or about January 11, 2013, a review of 20 student records maintained by Respondent revealed that 16 of those records were out of compliance and that Respondent failed to use the district computer program to maintain the records as required. 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 schoo! board. ROBIN MAUREEN LOCKERY Administrative Complaint Page 7 of 7 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 reprimarid; 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 44" day of December 2014. PAM STEWART, as Comunissioner of Education State of Florida

Docket for Case No: 16-001396PL