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.
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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).
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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.
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Oct. 05, 2018 |
Initial Order.
|
Oct. 04, 2018 |
Administrative Complaint filed.
|
Oct. 04, 2018 |
Election of Rights filed.
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Oct. 04, 2018 |
Agency referral filed.
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