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PAM STEWART, AS COMMISSIONER OF EDUCATION vs LISHA DAIGLE, 16-005845PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-005845PL Visitors: 59
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: LISHA DAIGLE
Judges: CATHY M. SELLERS
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Oct. 07, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 30, 2016.

Latest Update: Jun. 07, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 145-2219 LISHA DAIGLE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against LISHA DAIGLE. 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 727003, covering the area of Elementary Education, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher ai Hammock Pointe Elementary School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. During the 2013/2014 school year, Respondent improperly administered the word writing portion of the Reading Running Records assessment to her kindergarten students. Respondent provided students with lists of words to copy rather than have students do the work on their own and provide their own responses therefore compromising the integrity and validity of the assessment and making a determination of students’ readiness to progress to the next grade level less reliable. LISHA DAIGLE Administrative Complaint Page 2 of 2 4, On or about January 26, 2015, Respondent failed to maintain control of her kindergarten class when transporting them to Physical Education class. Respondent allowed her students to wander beyond her control to other parts of the campus. The Petitioner charges: STATUTE VIOLATIONS COUNT i: The Respondent is in violation of section 1012.795(1)q@), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 2: 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 petiod 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 7 ™ _ Commissioner of Education State of Florida

Docket for Case No: 16-005845PL
Issue Date Proceedings
Nov. 30, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 30, 2016 Joint Motion to Relinquish Jurisdiction to EPC to Conduct An Informal Hearing filed.
Oct. 20, 2016 Order of Pre-hearing Instructions.
Oct. 20, 2016 Notice of Hearing (hearing set for December 13 and 14, 2016; 9:00 a.m.; West Palm Beach, FL).
Oct. 19, 2016 Notice of Service of Petitioner's Request for Production to Respondent filed.
Oct. 19, 2016 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Oct. 19, 2016 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Oct. 17, 2016 Notice of Transfer.
Oct. 13, 2016 Joint Response to Initial Order filed.
Oct. 07, 2016 Initial Order.
Oct. 07, 2016 Notice of Appearance (Nick Caggia).
Oct. 07, 2016 Administrative Complaint filed.
Oct. 07, 2016 Election of Rights filed.
Oct. 07, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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