STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-1282 ELAINE MARIE PARTENHEIMER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ELAINE MARIE PARTENHEIMER. 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 770131, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Manatee Elementary School and then at Pinewood Elementary School in the Lee County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 school year, Respondent taught second grade. During the 2009-2010 school year, Respondent’s principal at the time, Jill Louzao, received numerous complaints in regards to Respondent calling her second grade students “stupid” and “retarded,” and pulling students’ arms when they failed to comply with Respondent’s directions. 4, On or about March 16, 2010, while escorting student J.R. to the bus after school, ELAINE MARIE PARTENHEIMER Administrative Complaint Page 2 of 5 Respondent used excessive force by yanking J.R.’s arm. 5. Respondent was reassigned to teach third grade for the 2010-2011 school year. 6. During the 2010-2011 school year, Principal Louzao received additional complaints as a result of Respondent’s treatment of her third grade students. Several students were transferred out of Respondent’s class at the request of their parents due to their dissatisfaction with Respondent’s treatment of conduct. 7. On or about May 31, 2011, Respondent met with student S.J.’s Guardian Ad Litem. Respondent stated to the Guardian Ad Litem, in the presence of S.J., that other children did not like S.J. Respondent made other inappropriate comments throughout the meeting. After the meeting, the Guardian Ad Litem wrote a letter to Respondent’s principal and requested that S.J. be transferred back to her previous school. 8. Respondent was reassigned to teach fifth grade for the 2011-2012 school year. 9. During the 2011-2012 school year, Respondent disparaged her fifth grade students by calling them “stupid,” “idiot,” and “retarded,” or words to that effect. Respondent also made racially derogatory remarks directed at her certain members of her fifth grade class. 10. On or about September 6, 2011, Respondent required her fifth grade students to walk up and down a non-air conditioned stairwell for approximately 20 minutes as a form of discipline. On or about September 16, 2011, Respondent was issued a letter of reprimand as a result of this incident. 11. On or about September 28, 2011, a parent arrived at school to address concerns she was having with Respondent. Specifically, she wished to address the fact that Respondent had called her child “retarded.” 12. On or about October 3, 2011, Respondent called a student “stupid.” 13. On or about October 6, 2011, Respondent was suspended with pay. On or about November 15, 2011, Respondent was issued a Letter of Reprimand and required to attend a Code of Ethics Training and a class on Classroom Management. 14. In January 2012, Respondent’s suspension was lifted, and Respondent was reassigned to Pinewoods Elementary School to fill a vacant second grade teaching position. On or about January 23, 2012, Respondent assumed the teaching responsibilities of her new class. ELAINE MARIE PARTENHEIMER Administrative Complaint Page 3 of 5 15. On several occasions, during Respondent’s first week of teaching at Pinewood Elementary in January 2012, Respondent’s principal, Dr. Denise Carlin (hereinafter “Dr. Carlin”), visited Respondent’s classroom. During the month of January 2012, Dr. Carlin received parent complaints regarding Respondent’s treatment of students and restricting their restroom privileges. During that first week of teaching, Respondent unreasonably limited the second grade students’ restroom privileges, told them to “shut up,” and spoke to them in a harsh or condescending tone. As a result of Respondent’s conduct, several students felt discouraged and expressed their discouragement to their parents. 16. On or about February 1, 2012, Dr. Carlin met with Respondent to discuss parent complaints and provide suggestions for improving Respondent’s classroom. On or about February 6, 2012, Respondent was issued a letter of reprimand, memorializing the February 1, 2012 meeting, and setting out six categories of identified problem areas: 1) Lack of respect show to students and parents, e.g., rolling her eyes and speaking in disrespectful tones; 2) Classroom no warm and supportive. Refusing to help children and making them cry; 3) Refusing to allow children restroom privileges when needed; 4) Moving through the curriculum too fast; 5) Giving excessive homework; and 6) Causing children to cry and become distressed about coming to school. The letter also included several specific suggestions on how Respondent can improve her conduct and teaching habits. 17. Dr. Carlin subsequently conducted three formal observations of Respondent’s classroom. 18, Of the 18 students in Respondent’s classroom, eight of their parents made complaints to Dr. Carlin regarding Respondent’s demeanor or teaching skills. 19. On or about February 22, 2012, Dr. Carlin received three letters from upset parents complaining about “very disturbing” incidents that occurred in Respondent’s classroom. 20. On or about February 23, 2012, Respondent was notified that she was being suspended with pay pending further review. The Professional Standards office subsequently reviewed the concerns associated with Respondent’s classroom demeanor and actions, and ELAINE MARIE PARTENHEIMER Administrative Complaint Page 4 of 5 determined just cause existed to terminate Respondent. On or about April 20, 2012, Respondent was notified that a recommendation for termination of employment would be made to the Lee County School Board at its next meeting. Respondent was suspended without pay effective April 23, 2012. 21. On or about May 14, 2012, the Lee County School Board issued a Petition for Termination of employment. Respondent appealed, and, on or about August 20 and 21, 2012, a formal administrative hearing was held . On or about October 19, 2012, an administrative law judge issued a Recommended Order, finding, in part, that Respondent, “has become incompetent and has willfully neglected her duties as a teacher,” and recommending that Respondent’s termination be upheld. On or about December 4, 2012, the School Board of Lee County adopted the Recommended Order in toto and terminated Respondent, effective end of the day December 4, 2012. 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)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT 3: 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 4: The Respondent is in violation of Section 1012.795(1)(j), 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 5: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. ELAINE MARIE PARTENHEIMER Administrative Complaint Page 5 of 5 COUNT 7: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. 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 “2-\ dayof Wierch, 2014. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-004213PL