vs. ) CASE NO. 77-1546
ETHEL R. JONES, )
Respondent. )
For the Petitioner: Joseph W. DuRocher, Esquire
For the Respondent: Howard W. Cooper, Esquire
Whether Respondent should be dismissed from her employment as a teacher in the Orange County Public Schools based on charges of incompetency and gross insubordination, as set forth in the letter of L. Linton Deck, Jr., dated August 16, 1977.
Respondent Ethel R. Jones has been an elementary school teacher for twelve years. She taught a year in Georgia before obtaining her degree in commercial education at Bethune-Cookman College at Daytona Beach, Florida, in 1960. After teaching for one year at Hungerford Elementary School in Eatonville, Orange County, Florida, in 1963, she pursued further studies and received her certification in elementary education. After teaching several years in various Orange County and Highlands County public schools, she became employed at Ocoee Elementary School, Ocoee, Florida, in 1970 and taught there for seven years through the 1976-77 school year. She was on annual contract for the first four years and then was granted a continuing contract the following year. She taught a sixth-grade class her first year at Ocoee and then became a fourth-grade teacher until the 1976-77 year when she again instructed a class of approximately 31 sixth-grade pupils. (Testimony of Respondent)
Respondent served under three principals at Ocoee from 1972 to 1977. School records reflect that from 1973 two of the principals each rendered two annual performance reports on respondent termed "Assessment of Instruction." During the first year of each of these periods, the principals noted that respondent needed improvement in maintaining good rapport with students, parents and co-workers. During the second year of each period, each principal rated the
respondent satisfactory in all respects. The third principal, Maxie Cinnamon, assumed her duties at Ocoee during the 1976-77 school year. (Petitioner's Composite Exhibit 1)
During the first month of the school year, Principal Cinnamon received approximately twelve-complaints about the respondent from parents of children in her class. Most of these complaints dealt with apprehensions concerning respondent's teaching ability based on her prior performance with fourth-grade students. As a result, Cinnamon visited the respondent's classroom on September 9, 1976, and observed class instruction for several hours. She noted a number of deficiencies in the quality of respondent's teaching. These included unfamiliarity with the definitions of common words, inadequate preparation and lesson plans, inappropriate grouping of students and poor communication with students. These observations were set forth in great detail in a written document, dated September 14, 1976, which was provided to respondent as recommendations for improvement. Additionally, an unofficial "Assessment of Instruction" was rendered by the principal that indicated need for improvement in various areas. (Testimony of Cinnamon, Petitioner's Composite Exhibits 1, 7)
During the course of the school year, the principal continued to receive complaints from parents and requests that their children be transferred from respondent's class. These complaints included reports that respondent was an inadequate teacher and that her disciplinary methods were inappropriate. In addition, no improvement in the previously-noted areas of deficiency had been observed by the principal. A number of conferences between Cinnamon and the respondent transpired in the fall of 1976 in an attempt to resolve these continuing problems, but achieved little or no success. Cinnamon directed a number of memorandums to respondent pointing out problem areas and suggesting remedial steps. She also suggested special courses and seminars that respondent could attend to improve her classroom instruction and to achieve a better relationship with parents and students. The respondent referred students to the principal's office on disciplinary matters some 35 times during the school year. For the most part, these referrals involved male students who were low achievers and either disrupted the classroom or failed to complete lesson assignments. (Testimony of Cinnamon, Respondent, Petitioner's Exhibits 8,9, 11-14)
In December, 1976, Principal Cinnamon requested the Professional Practice Council of the State Department of Education to make a professional reviewer available to observe respondent's classroom performance and provide any necessary suggestions or recommendations for improvement. Thereafter, on January 31 and February 1, 1977, Mrs. Gretchen M. Olcott, a classroom teacher from Pinellas County, was sent to Ocoee Elementary School and conducted a "remediation review" concerning respondent. She rendered a report of her observations which was furnished to the respondent on March 11, 1977. The report contained many critical remarks concerning the quality of respondent's teaching ability and included detailed recommendations and suggestions for improvement. Most of Olcott's observations paralleled closely the previous deficiencies noted by Cinnamon and dealt primarily with inadequate lesson plans, lack of organization, poor student behavior patterns, lack of effective use of teaching materials and equipment, and the need to establish clear objectives and long-range goals. Also on March 11, Cinnamon wrote a letter to the respondent again listing her deficiencies and providing recommendations in that regard.
The letter informed the respondent that unless she showed substantial improvement in all the noted areas by May 1, 1977, it would be necessary that she be recommended for dismissal to the Superintendent of the Orange County Schools. (Testimony of Cinnamon, Petitioner's Exhibits 3-5)
During the ensuing weeks, Cinnamon was of the opinion that respondent had not materially improved her shortcomings despite efforts to assist her. At a conference in March, she told respondent that if she made no substantial improvement by May 23, she would recommend dismissal. She also requested that another reviewer be provided by the Professional Practices Council. Mr. Richard Svirskas visited respondent's classroom from May 11 to 13, 1977, for the Professional Practices Council. His report was similar to that of the previous reviewer and it concluded that respondent was far below average in ability in comparison with the majority of teachers known to the reviewer. (Testimony of Cinnamon, Petitioner's Exhibit 6)
As a result of the reviewers' reports and respondent's failure to show improvement, Principal Cinnamon, on June 7, 1977, recommended to the Superintendent of Orange County public schools that she be dismissed from employment. Based on this recommendation, the Superintendent, by letter of August 16, 1977, charged the respondent with 14 areas of incompetency and three instances of gross insubordination. On August 18, 1977, the Superintendent recommended to the School Board of Orange County that respondent be suspended without pay pending a hearing on the charges if requested. The school board approved the recommendation and suspended the respondent without pay. Respondent thereafter requested a hearing in the matter. (Testimony of Cinnamon, Case File)
Respondent testified as a witness and maintained that she had received no support during the year from the school administration and that she could not please Principal Cinnamon in any respect. She feels that she was the victim of a conspiracy between Cinnamon and parents of her students, and that the independent reviewers sent to assess her classroom performance were "against" her because they had met with Cinnamon in private during their visit. The respondent further implied that Cinnamon had a dislike for her because she was the only black teacher in the intermediate level. No black students were enrolled at Ocoee Elementary School during the 1976-77 school year, but there were five black teachers including the respondent. The respondent further claimed that she had done her utmost to follow the recommendations for improvement made to her by Cinnamon and the reviewers, but that she received no assistance from the administration in this regard. Further, she claimed that she was unable to enroll in certain reading, student discipline, and teacher effectiveness courses for various reasons; however, she did take a mathematics course at her own expense and attended several seminars. Although Cinnamon had testified that she had instructed respondent not to set up learning centers in her classroom because of her lack of organizational ability, the respondent denied that she was given such instructions. She testified that she established this system of instruction because Cinnamon had recommended it to her. She also denied that she had placed children in the halls for disciplinary reasons, or deliberately omitted to teach reading and math on each school day, contrary to instructions, as claimed by Cinnamon. (Testimony of Jones, Cinnamon)
Based on the evidence presented at the hearing, it is found that during the 1976-77 school year:
Respondent failed to make adequate plans and set definite objectives for her class- room instruction.
Respondent failed to provide learning situations consistent with students' abilities.
Respondent failed to exhibit adequate
command of the subject matter that she taught.
Respondent failed to communicate clearly and effectively with the students.
Respondent failed to control the class so that a positive learning environment was created and maintained.
Respondent failed to adequately pursue her professional growth and to seek ways of correcting identified deficiencies.
It is further found that there is insufficient evidence to establish that the respondent committed the following alleged acts of gross insubordination:
Suspended children from class by placing them in the hall and otherwise leaving them unsupervised after being specifically told not to do so.
Failed to teach reading and math on each school day as specifically instructed to do.
Failed and refused to maintain and utilize a plan book as instructed by the principal.
It is further found that insufficient evidence was presented to establish that the respondent was a victim of a conspiracy by the principal of Ocoee Elementary School or anyone else, or that any racial discrimination was practiced against her.
CONCLUSIONS OF LAW
Although petitioner's administrative complaint does not specify the statutory authority under which the charges against respondent are laid, it was agreed by the parties at the hearing that dismissal is sought under the provisions of Section 231.36(6), Florida Statutes, which reads pertinently as follows:
"231.36 Contracts with instructional staff.--
(6) . . . any member of the instructional staff may be suspended or dismissed at any time during the school year; provided that no such employee may be discharged or removed during the school year without opportunity to be heard at a public hearing after at least ten days' written notice of the charges against him and of the time and place of hearing; and, provided further, that the charges must be based on immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or conviction of any crime involving moral turpitude "
The charges in this case are based on allegations of incompetency and gross insubordination. As heretofore found, the three separate charges of gross insubordination have not been substantiated. However, it is concluded that respondent, during the 1976-77 school year, failed in a variety of ways to meet minimum standards of professional competence as a teacher. The evidence shows that the principal of Ocoee Elementary School, based on complaints of parents,
conducted an in depth observation of respondent's classroom performance early in the school year and provided her with detailed suggestions and recommendations for improvement. When these efforts had failed to produce the desired results, arrangements were made for professional review by representatives of the Professional Practice Council. The reports of the reviewers assessed the nature and causes of respondent's problems and recommended ways in which they could be remedied. Nevertheless, the respondent did not act upon the remedial suggestions in a manner sufficient to eliminate or ameliorate her observed deficiencies. Adequate administrative assistance was offered and available to the respondent to assist in the remedial process and a liberal period of time was granted to effect the necessary improvements. Periodic conferences by the principal with the respondent were held, at which time respondent was advised in detail of her lack of progress and further suggestions of a beneficial nature were provided to her. It is considered that an unusually high amount of time was spent in working with the respondent to assist her in achieving an adequate level of performance, but she either was unwilling or unable to achieve this goal.
It is recognized that the principal of the school was serving her first year in that capacity and had been barraged from the outset with parents' complaints about respondent. However, there is no evidence that she was unduly influenced by such matters or otherwise departed from an objective evaluation and assessment of the respondent's ability as an instructor. On the contrary, the evidence shows that she exhausted all available avenues in attempting to improve the respondent's deficiencies. It is also noted that the respondent had not taught a sixth-grade class for a number of years, and therefore was faced with a comparatively new situation as to maintenance of discipline, more advanced levels of subject matter, and the like. However, several of her basic problems, primarily related to student discipline and other student/teacher relationships had been identified by prior supervisors during previous years at the elementary school.
Petitioner having established respondent's incompetency as a teacher, the remaining question is whether action short of dismissal would be appropriate. In arriving at such a determination, the interest of respondent in continued employment must be weighed against petitioner's obligation to contribute to the learning of the students by providing teachers who possess the necessary attitudes, skills, knowledge and understanding to carry out such learning process. A further consideration is the fact that respondent has tenure in the form of a continuing contract and has served the Orange County public school system for a number of years. After weighing the foregoing considerations, it must be concluded that no useful purpose would be served in continuing to subject students to the established inadequacies of the respondent by lesser methods, such as transfer to another school. Her problems are deep- seated and can be attributed to a combination of insensitivity or lack of understanding as to the needs of pupils, and pronounced deficiencies in her grasp of classroom techniques and knowledge of subject matter. It may be that concentrated and intensive continuing professional education would raise her to the necessary standards of performance. However, petitioner should not be required to continue her employment while such long-range objectives are pursued.
That respondent Ethel R. Jones be dismissed from employment by the School Board of Orange County, Florida, for incompetency, pursuant to Section 231.36(6), Florida Statutes.
Done and Entered this 5th day of December, 1977, in Tallahassee, Florida.
THOMAS C. OLDHAM
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
Joseph W. DuRocher, Esquire
Howard W. Cooper, Esquire
John W. Bowen, Esquire
