STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 78-549

)

ERMA FREDERICK, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, scheduled a public hearing in this case on March 8, 1979, in Miami, Florida. 1/

APPEARANCES

For Petitioner: Michael P. Maguire, Esquire Penthouse

44 West Flagler Street Miami, Florida 33130

For Respondent: Elizabeth J. duFresne, Esquire

1782 One Biscayne Tower

Two South Biscayne Boulevard Miami, Florida 33131

By letter dated March 9, 1978, the School Board of Dade County, Petitioner, notified Respondent, Erma Frederick, that the School Board approved the suspension of her teaching position at Buena Vista Elementary School based on alleged incompetency at its March 8, 1978, School Board Meeting, pursuant to Subsection 23l.36(6), Florida Statutes. Respondent was also advised that she had ten (10) days from the date of the suspension in which to notify the Assistant Superintendent for Personnel of her desire to appeal the suspension.

The suspension was timely appealed by Respondent's counsel on March 15, 1978.

Based on the pleadings and other documentary evidence filed herein, the following relevant facts are found.

FINDINGS OF FACT

1. During the 1977-78 school year, the Respondent, Erma Frederick, was employed as a classroom teacher in the Dade County Public School System, assigned to Buena Vista Elementary School. On October 10, 1977, a conference was scheduled between the Respondent, United Teachers of Dade, Representative, Ms. Mattie Squire and Ms. Linda E. Stuart, Principal of Buena Vista Elementary School. During the conference, Respondent was advised that based on two years of unsatisfactory evaluations (1973-74 and 1974-75) deficiencies in her teaching performance existed which, if not corrected by December 1, 1977, would affect

   her status as an employee in the Dade County Public School System and which, if not corrected by December 1, a complaint of incompetency would be filed seeking Respondent's dismissal. The substance of this conference was reduced to writing by letter dated October 10, 1977, and cited the following deficiencies:

   
   

   1. Failure to maintain pupil control by establishing and maintaining discipline.

   2. Failure to file instructional plans.

   3. Failure to implement lesson plans and to present materials correctly.

   4. Failure to correctly grade student papers and maintain accurate grade books.

   5. Failure to properly maintain cumulative records and to maintain attendance and other data entries on report cards.

   6. Failure to accurately take attendance.

   7. Failure to follow class schedules.

   8. Failure to maintain supervision of pupils at all times.

      
      

2. Based on the Respondent's failure to otherwise remedy the above cited deficiencies to Petitioner's satisfaction, Petitioner suspended Respondent from her position as an instructional teacher on March 9, 1978.

   
   

3. Respondent, although properly noticed, failed to appear at the hearing to refute the cited deficiencies relied on by Petitioner in suspending her as an instructional employee at Buena Vista Elementary School. Based thereon, and in the absence of any evidence having been offered by Respondent to refute or otherwise negate the above-cited deficiencies, they must be, and are, considered meritorious.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

5. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

6. The authority of the Petitioner is derived from Chapter 231, Florida Statutes.

   
   

7. Chapter 231.36(6), Florida Statutes, authorizes the Petitioner to suspend any member of its instructional staff following a written notice of the incompetency charges and providing said instructional employees an opportunity to be heard at a public hearing. The charges herein were properly filed and, based on the record evidence, provide ample basis upon which the Respondent was suspended herein. Chapter 231.36(6), Florida Statutes.

RECOMMENDATION

Based on the foregoing, it is hereby,

RECOMMENDED:

That the Respondent's appeal of her suspension by Petitioner be DENIED. DONE and ENTERED this 30th day of April, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

ENDNOTE

1/ Counsel for the Petitioner and the Respondent agreed that the case should be decided on the basis of the pleadings filed, inasmuch as the Respondent was unavailable to assist counsel in preparation of a defense to the allegations contained in the Administrative Complaint.

COPIES FURNISHED:

Michael P. Maguire, Esquire Penthouse

44 West Flagler Street Miami, Florida 33130

Elizabeth J. duFresne, Esquire 1782 One Biscayne Tower

Two South Biscayne Boulevard Miami, Florida 33131

Dr. Johnny L. Jones Superintendent of Schools Dade County Public Schools Administrative Office Lindsey Hopkins Building 1410 N.E. 2nd Avenue Miami, Florida 33132

Docket for Case No: 78-000549

Orders for Case No: 78-000549