STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COOUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2046

)

RAPHU S. WILLIAMS, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above captioned matter, after due notice, at Miami, Florida, on February 7, 1978, before the undersigned Hearing Officer.

APPEARANCES

For Petitioner: Jesse McCrary, Esquire

Dade County Public Schools Lindsey Hopkins Building 1410 Northeast 2nd Avenue Miami, Florida 33132

For Respondent: Elizabeth DuFresne, Esquire

One Biscayne Tower, Suite 1782 Miami, Florida 33131

ISSUE PRESENTED

Respondent's continued employment with the Dade County Public Schools, as set forth in minutes of the School Board for October 19, 1977.

FINDINGS OF FACT

1. During the 1975-1976 and 1976-1977 academic school years, Respondent was an employee of the Petitioner as a teacher at the Richmond Heights Junior High School. (Stipulation)

   
   

2. By order of the State Board of Education, dated September 20, 1977, the teaching certificate of Respondent, Department of Education Number 3436, was suspended for a period of two years. The matter is currently being appealed to the First District Court of Appeal. (Petitioner's Exhibit 1, Stipulation)

   
   

3. On October 19, 1977, Respondent was suspended without pay from his position by Petitioner due to the suspension of his teaching certificate by the State Board of Education. On October 31, 1977, Respondent requested a hearing in the matter. Petitioner provided Respondent with formal notice of charges on December 13, 1977, seeking his dismissal from employment with the school system.

4. Respondent became a teacher in 1937 and has been employed in that capacity by Petitioner since 1961. He testified at the hearing to the effect that, in his opinion, the present proceedings are improper in that the action by the State Board of Education was premature and should not have been taken until the charges upon which such action was based had been considered by Petitioner in administrative proceedings. Respondent sought to introduce character testimony in his behalf by a number of witnesses, but upon objection by Petitioner, such testimony was not permitted by the Hearing Officer as it would be irrelevant to the proceedings. The proffered testimony would have shown that the witnesses had all known the Respondent for a lengthy period of time and that he is a dedicated employee of the school system who has served his community and church as an example for students. (Testimony of Anders, Respondent)

   
   

   CONCLUSIONS OF LAW

   
   

5. Petitioner seeks to dismiss the Respondent based on the suspension of his teaching certificate and cites the following pertinent statutory provisions as authority therefor:

   
   

   231.14 Certificate required.--

   No person shall be employed to serve in an instructional capacity as a regular or part-time teacher in the public schools of the state who does not hold a valid certificate to teach in Florida, granted or recognized

   pursuant to law under regulations of the

   state board; nor shall any school board employ, contract with, or pay any person a salary far instructional services who does not hold such a valid certificate . .

   
   

   231.02 Qualifications of personnel.--To be eli- gible for appointment in any position in any district school system a person shall be of good moral character and shall, when required by law, hold a certificate or license issued under regu- lations of the State Board of Education . .

   
   

6. Section 231.28, grants authority to the Department of Education to suspend teaching certificates for a period not to exceed three years "thereby denying him the right to teach for that period of time, after which the holder may return to teaching as provided in subsection (6)." Subsection 231.28(6)(a) provides that a teaching certificate that has been suspended by the Department of Education is automatically reinstated at the end of the suspension period, unless it has previously expired.

   
   

7. The above statutes make it clear that the Petitioner can no longer employ the Respondent as a teacher during the time that his teaching certificate is under suspension. Under Section 231.14, neither may it pay Respondent a salary for instructional services if he does not possess a "valid" certificate. The term "valid" necessarily means that the certificate is in full force and effect in all respects; a suspension thereof renders the certificate invalid for the period of suspension.

   
   

8. Section 231.36(4) provides in part that any member of the instructional staff who is under continuing contract may be dismissed upon a recommendation to

   that effect by the district superintendent "giving good and sufficient reasons therefor." It is considered that good and sufficient reasons exist for Respondent's dismissal based upon the state suspension of his teaching certificate.

   
   

9. Respondent's contention that any action by the School Board would be illegal because the State Board of Education took action with respect to Respondent's teaching certificate prior to a consideration by the school board of his employment status is without merit. Chapter 231 does not require that school board action precede Department of Education action, or vice versa, based on similar charges. Respondent's claim that the State Board of Education normally awaits the outcome of school board proceedings prior to moving against an individual's teaching certificate may be true, but does not require that such a procedure be followed in any particular case.

RECOMMENDATION

That Respondent, Raphu S. Williams, be dismissed from employment as a teacher by the School Board of Dade County, Florida, under the authority of Section 231.36(4), Florida Statutes.

DONE and ENTERED this 18th day of April, 1978, in Tallahassee, Florida.

THOMAS C. OLDHAM

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Jesse McCrary, Esquire Dade County Public Schools Lindsey Hopkins Building 1410 Northeast 2nd Avenue Miami, Florida 33132

Elizabeth DuFresne, Esquire One Biscayne Tower

Suite 1782

Miami, Florida 33131

Phyllis O. Douglas, Esquire Dade County Public Schools Administrative Office Lindsey Hopkins Building 1410 Northeast 2nd Avenue Miami, Florida 33132

Docket for Case No: 77-002046

Orders for Case No: 77-002046