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PAM STEWART, AS COMMISSIONER OF EDUCATION vs JACQUELINE PEART, 18-005313PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-005313PL Visitors: 53
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: JACQUELINE PEART
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Oct. 04, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 8, 2019.

Latest Update: Dec. 23, 2024
FROM: The Education Practices Commission TO: DOAH Clerk of Court RE: REDACTION OF CERTAIN LANGUAGE The Education Practices Commission reviewed and redacted certain verbiage within the document(s) included prior to transferring the case to DOAH so that individual student(s) information cannot be identified in accordance with Section 1002.221(1), Fla. Stat. (2018). STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-0041 JACQUELINE PEART, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JACQUELINE PEART. 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 829073, covering the areas of English for Speakers of Other Languages (ESOL), Reading and Exceptional Student Education, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at New River Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about May 31, 2016, Respondent failed to protect her student fil a jn year old| and failed to take appropriate action when was injured by a heater in her classroom. was injured when {ij bumped into the heater and set fire to [I shirt. Respondent instructed her paraprofessional not to takellillto the nurse to avoid getting administration invo| ed. lA JACQUELINE PEART Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)1, 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 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 { iN day of My ; , 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-005313PL
Issue Date Proceedings
Mar. 08, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 07, 2019 Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
Feb. 05, 2019 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for April 4, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Feb. 04, 2019 Joint Motion to Continue Hearing filed.
Jan. 09, 2019 Notice of Taking Depositions filed.
Jan. 08, 2019 Respondent's Amended Response to Petitioner's Request for Production filed.
Jan. 07, 2019 Respondent's Notice of Serving Second Amended Answers to Petitioner's First Set of Interrogatories, after Filing of Amended Administrative Complaint filed.
Dec. 07, 2018 Order Taking Petitioner's Motion to Compel Under Advisement and Denying Respondent's Request for Sanctions.
Dec. 06, 2018 Order Granting Motion to Amend Administrative Complaint
Dec. 05, 2018 Response to Motion to Compel Response to Discovery Request and for Sanctions filed.
Dec. 04, 2018 Petitioner's Motion to Amend Administrative Complaint filed.
Nov. 30, 2018 Notice of Service of Petitioner's Amended Answers to Respondent's First Set of Interrogatories filed.
Nov. 29, 2018 Petitioner's Motion to Compel Response to Petitioner's Discovery Request filed.
Nov. 20, 2018 Order on Motion to Compel.
Nov. 20, 2018 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for February 12, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Nov. 20, 2018 CASE STATUS: Motion Hearing Held.
Nov. 19, 2018 Petitioner's Response to the Respondent's Motion to Compel Better Answers to Interrogatories filed.
Nov. 16, 2018 Agreed Motion to Continue Hearing filed.
Nov. 15, 2018 Respondent's Notice of Serving Sworn Signature Page to Answers to Petitioner's First Set of Interrogatories filed.
Nov. 14, 2018 Motion to Compel Better Answers to Interrogatories filed.
Nov. 13, 2018 Respondent's Notice of Serving Answers to Petitioner's First Set of Interrogatories filed.
Nov. 13, 2018 Respondent's Response to Petitioner's Request for Production filed.
Nov. 13, 2018 Respondent's Response to Petitioner's Request for Admissions filed.
Nov. 09, 2018 Return of Service filed.
Oct. 17, 2018 Order of Pre-hearing Instructions.
Oct. 17, 2018 Notice of Hearing by Video Teleconference (hearing set for December 17, 2018; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Oct. 15, 2018 Notice of Production from Non-party filed.
Oct. 15, 2018 Notice of Service of First Set of Interrogatories to Petitioner filed.
Oct. 15, 2018 Request to Produce filed.
Oct. 15, 2018 Joint Response to Initial Order filed.
Oct. 15, 2018 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Oct. 15, 2018 Notice of Service of Petitioner's Request for Production to Respondent filed.
Oct. 15, 2018 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Oct. 05, 2018 Initial Order.
Oct. 04, 2018 Administrative Complaint filed.
Oct. 04, 2018 Election of Rights filed.
Oct. 04, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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