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PAM STEWART, AS COMMISSIONER OF EDUCATION vs SHEILA SILVOLA, 16-003898PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003898PL Visitors: 19
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: Dec. 23, 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.
Source:  Florida - Division of Administrative Hearings

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