Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: SHEILA SILVOLA
Judges: E. GARY EARLY
Agency: Department of Education
Locations: Bunnell, Florida
Filed: Jul. 13, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 7, 2016.
Latest Update: Nov. 19, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO, 156-0402
SHEILA BUSHNELL SILVOLA,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against SHEILA BUSHNELL SILVOLA. 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 732509, covering the areas
of Elementary Education, English for Speakers of Other Languages (ESOL) and Reading, which
is valid through June 30, 2017.
2. At all times pertinent hereto, the Respondent was employed as a Fifth Grade
Teacher at Old Kings Elementary School in the Flagler County School District.
MATERIAL ALLEGATIONS
3. During the 2014-2015 school year, Respondent compromised the confidentiality
of personally identifiable student information in that Respondent provided several of her students
access to her electronic gradebook, and therefore access to the grades of other students, for
purposes of inputting grades.
4, Students were uncomfortable with grading the work of other students and
inputting grades into the electronic gradebook for Respondent.
SHEILA BUSHNELL SILVOLA
Administrative Complaint
Page 2 of 3
5. As a result of Respondent’s conduct alleged herein, the Flagler County School
District (District) removed Respondent from her position as a 5" grade teacher at Old Kings
Elementary School and placed her in a non-instructional position with the District.
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
effectiveness as an employee of the school board.
COUNT 2: 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 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 learning and/or to the student’s mental
health and/or physical health and/or safety.
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(3)(i), Florida Administrative Code, in that Respondent has failed to keep in confidence
personally identifiable information obtained in the course of professional services, unless
disclosure served professional purposes or is required by law.
(SIGNATURE ON FOLLOWING PAGE)
SHEILA BUSHNELL SILVOLA
Administrative Complaint
Page 3 of 3
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 (G*°_ day of {VYavcn , 2016,
—— th f
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 16-003898PL
Issue Date |
Proceedings |
Sep. 07, 2016 |
Order Relinquishing Jurisdiction without Prejudice and Closing File. CASE CLOSED.
|
Sep. 07, 2016 |
Unopposed Motion to Close File filed.
|
Aug. 31, 2016 |
Joint Pre-hearing Stipulation filed.
|
Aug. 31, 2016 |
Petitioner's Second Amended Witness List filed.
|
Aug. 30, 2016 |
Education Practices Commission Final Order re Administrative Complaint #134-3429 filed by Petitioner.
|
Aug. 29, 2016 |
Petitioners Amended Exhibit List filed.
|
Aug. 29, 2016 |
Petitioner's Exhibit List filed.
|
Aug. 29, 2016 |
Notice of Filing Certified Copy of Education Practices Commission Final Order and Request for Judicial Recognition filed.
|
Aug. 29, 2016 |
Petitioner's Amended Witness List filed.
|
Aug. 29, 2016 |
Petitioner's Witness List filed.
|
Aug. 19, 2016 |
Respondent's Responses and Objections to Petitioner's First Request for Production of Documents filed.
|
Aug. 19, 2016 |
Respondent's Notice of Service of Answers to Petitioner's First Set of Interrogatories filed.
|
Aug. 19, 2016 |
Respondent's Objections to Petitioner's First Request for Admissions filed.
|
Jul. 25, 2016 |
Order of Pre-hearing Instructions.
|
Jul. 25, 2016 |
Notice of Hearing (hearing set for September 8, 2016; 10:00 a.m.; Bunnell, FL).
|
Jul. 21, 2016 |
Amended Joint Response to Initial Order filed.
|
Jul. 19, 2016 |
Joint Response to Initial Order filed.
|
Jul. 18, 2016 |
Respondent's Notice of Service of First Set of Interrogatories to Petitioner filed.
|
Jul. 18, 2016 |
Respondent's First Request for Admissions filed.
|
Jul. 18, 2016 |
Respondent's First Request for Production of Documents filed.
|
Jul. 18, 2016 |
Certificate of Service of Discovery filed.
|
Jul. 13, 2016 |
Initial Order.
|
Jul. 13, 2016 |
Administrative Complaint filed.
|
Jul. 13, 2016 |
Election of Rights filed.
|
Jul. 13, 2016 |
Agency referral filed.
|