Judges: MICHAEL R. N. MCDONNELL
Agency: Department of Education
Latest Update: Feb. 05, 1980
Summary: Respondent falsified attendance and grade sheets in violation of statute. Respondent should be suspended for one year for improper conduct.
79-0812.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
PROFESSIONAL PRACTICES COUNCIL, )
)
Petitioner, )
)
vs. ) CASE NO. 79-812
)
JERRY M. CARTER, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, an administrative hearing was held before Michael R. N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 1:00 P.M., on June 11, 1979, in Room 510, Richard P. Daniel State Regional Office Building, 111 Coast Line Drive East, Jacksonville, Florida.
APPEARANCES
For Petitioner: L. Haldane Taylor, Esquire
2516 Gulf Life Tower Jacksonville, Florida 32207
For Respondent: William F. Kachergus, Esquire
603 Florida Theatre Building Jacksonville, Florida 32202
The Professional Practices Council (hereafter PPC) seeks to suspend the Florida Teachers' Certificate of Respondent, Jerry M. Carter (hereafter Carter), for alleged conduct which is inconsistent with good professional ethical practice, not a proper example for students and fellow educators or which is sufficiently notorious to bring Carter and the education profession into public disgrace and disrespect. Specifically, Carter is charged with falsifying class enrollment, attendance records and student grades.
FINDINGS OF FACT
Carter holds Florida teaching certificate number 383679, graduate, rank III, valid through June 30, 1978, covering the area of music education, and at all times pertinent hereto was employed in the public schools of Duval County, Florida, at Matthew Gilbert Seventh Grade Center as a Band teacher.
During the summer school session of 1978, at Matthew Gilbert, Carter was assigned as teacher for the Band class to be held during that session. The class was funded through the Full-Time Equivalent (FTE) program. In order to maintain the allocation of FTE funds, there was a requirement that a minimum number of 15 band students be enrolled and in attendance. In previous summers, band was an enrichment program which received no FTE money and did not require attendance records. However, during summer school of 1978, these requirements
were changed and it was necessary to maintain a register of attendance of the Band class for FTE auditing purposes.
In the event the required enrollment was not met, then the class could not be held. If that occurred, the teacher would receive no salary for the summer session relating to that course.
Carter prepared a student attendance register for the summer school of 1978 band class beginning June 16, 1978, and ending July 28, 1978. That register reflects 18 enrolled students in the course. Carter also prepared two summer school class enrollment sheets for FTE reporting purposes. The first is dated June 30, 1978, and shows 19 students enrolled in Band. The second is dated July 10, through July 14, 1978, and reflects 18 full-time students and 1 half-time student enrolled in Band.
Notwithstanding these enrollment sheets, actual student enrollment and attendance was far below that which was reported by Carter.
Deidre Sampson was reported as having been present for thirty (30) days between June 16, 1978, and July 28, 1978. Ms. Sampson also received a grade of "C" in the course. While Ms. Sampson was enrolled in the course, she attended no more than two or three days.
Deborah Grant Lewis enrolled for the course and attended it for a period of three weeks and then lost interest and withdrew from the course. She received a "B" for the course and the attendance register reflects that she was present for twenty-nine (29) days with one day absent.
Lloyd Gillespie neither enrolled in the course nor ever attended the course, yet he received a grade of "C". The attendance register reflects that Lloyd Gillespie was present for twenty-nine (29) days with one day absent.
Ricky King enrolled in the course and attended for two or three weeks and then dropped out. The attendance register reflects that he was present twenty-seven (27) days with three days absent.
LeVonne Sinclair enrolled in the class and attended through July 3, 1978, at which time she dropped out because of other employment responsibilities. While Ms. Sinclair did not receive a grade, her attendance register reflects twenty-seven (27) days in attendance with three days absent.
Patricia Willis enrolled in the band course but never attended any classes. Nonetheless, Ms. Willis received a grade of "C" in the course and the attendance register reflects she attended twenty-six (26) out of the thirty days.
Laura Redden enrolled in the Band course but never attended. She did not receive a grade but the attendance register reflects thirty days attendance with no absences.
Vanessa McBride never enrolled in or attended the Band class but shows on the attendance register as having attended twenty-seven days with three days absent and receiving a grade of "C".
It was the responsibility of Carter to prepare the student attendance registers and grade reporting forms for his class. The evidence establishes
that Carter's signature appears on those forms which reflect the inaccurate attendance data and the award of undeserved grades.
Mr. James E. Thompson, who is principal of Matthew school where Carter teaches, is willing to accept Carter in the future as one of his teachers because of Carter's overall abilities. Carter's efficiency ratings reflect that he is, otherwise, an effective teacher.
The evidence establishes that Carter signed his name to official reports that were patently incorrect. If the reports had been submitted correctly then FTE funds would have been terminated for the Band class, the class would have been cancelled and Carter would not have received remuneration for services as a Band instructor during that summer session of school. The evidence does not establish Carter's motivation as being that of protecting his income or insuring that the course was made available to those students who did attend.
CONCLUSIONS OF LAW
The evidence established that Carter falsified his class enrollment, attendance records and students' grades. Such conduct is inconsistent with good professional ethical practice, is not a proper example for students and fellow educators and is sufficiently notorious to bring Carter and the education profession into public disgrace and disrespect.
However, because of Carter's otherwise good record and because of the recommendations of his principal, it is
RECOMMENDED that the State Board of Education suspend the Florida Teachers' Certificate of Carter for a period of one school year, thereafter allowing Carter to resume his teaching duties.
DONE and ENTERED this 19th day of October, 1979, in Tallahassee, Florida.
MICHAEL R. N. MCDONNELL
Hearing Officer
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
COPIES FURNISHED:
Haldane Taylor, Esquire 2516 Gulf Life Tower Jacksonville, Florida 32207
William Kachergus, Esquire 603 Florida Theatre Building Jacksonville, Florida 32202
================================================================= AGENCY FINAL ORDER (BOARD OF EDUCATION)
================================================================= BEFORE THE STATE BOARD OF EDUCATION OF FLORIDA
IN RE: JERRY M. CARTER DOAH CASE NO. 79-812
/
FINAL ORDER
THIS CAUSE came on to be heard before the State Board of Education, duly assembled, upon the Petition of Lynnl Guettler as Chairman of the Professional Practices Council for the revocation of the teacher's certificate of the Respondent, JERRY M. CARTER, Department of Education Number 383679.
This Board having reviewed the findings and recommendation of the Hearing Officer for the Division of Administrative Hearings and further having reviewed the entire record; and
It appearing that the Respondent has been granted all procedural and other constitutional rights in the premises, and the Board having had due deliberation thereon, the Board makes the following findings of fact and conclusions of law:
JERRY M. CARTER presently holds Florida Teacher's Certificate Number 383679, valid until June 30, 1980. The Board adopts the Findings of Fact, Conclusions of Law and Recommendation of the Hearing Officer for the Division of Administrative Hearings as its own, which is incorporated and by reference made part of this Order.
ORDERED AND ADJUDGED that the teaching certificate of JERRY M. CARTER, Respondent, Department of Education Number 383679 is hereby suspended for a period of one year beginning January 8, 1980, as provided in s231.28, Florida Statutes.
DONE at the State Board of Education meeting in open session at Tallahassee, Florida, on the 8th day of January, 1980.
EXECUTED AND RENDERED on this 1st day of February, 1980.
Bob Graham, Governor; Chairman
George Firestone, Secretary of State
Jim Smith, Attorney General
Gerald A. Lewis, Comptroller
Bill Gunter, Treasurer
Ralph D. Turlington, Commissioner of Education; Secretary-Executive Officer
Doyle Conner, Commissioner of Agriculture
As and constituting the State Board of Education of Florida as assembled for the purposes herein. Duly recorded in the official records of the State Board of Education of Florida.
I HEREBY CERTIFY that copies of the foregoing Order in the matter of Jerry
Carter were sent to Mr. L. Haldane Taylor, Mr. William Kachergus and the Division of Administrative Hearings by U.S. Mail on this 4th day of February, 1980.
Hugh Ingram, Administrator
================================================================= AGENCY FINAL ORDER (EDUCATION PRACTICES COMMISSION)
=================================================================
DEPARTMENT OF EDUCATION EDUCATION PRACTICES COMMISSION
PROFESSIONAL PRACTICES COUNCIL,
Petitioner,
vs. DOAH CASE NO. 79-812
JERRY M. CARTER,
Respondent.
/
FINAL ORDER
Respondent Jerry M. Carter holds Florida teaching certificate number 383679, Graduate, Rank III. On February 9, 1979, an Administrative Complaint was filed against Respondent seeking a suspension or revocation of his certificate. A hearing was held before Michael R. N. McDonnell, hearing officer for the Division of Administrative Hearings, on June 12, 1979. A recommended order has been forwarded to the Education Practices Commission, newly created and empowered under Sections 231.261 and 231.262, F.S. to take final agency action in disciplinary matters involving the certificates of educators.
A duly constituted panel of the Commission met on February 16, 1981 and considered the recommended order and the exceptions filed by the Respondent.
The Petitioner was represented by L. Haldane Taylor, Esquire, and the Respondent by William F. Kachergus, Esquire.
The teacher panel of the Commission adopts the findings of fact of the recommended order as follows:
FINDINGS OF FACT
Carter holds Florida teaching certificate number 383679, graduate, rank III, valid through June 30, 1978, covering the area of music education, and at all times pertinent hereto was employed in the public schools of Duval County, Florida, at Matthew Gilbert Seventh Grade Center as a Band teacher.
During the summer school session of 1978, at Matthew Gilbert, Carter was assigned as teacher for the Band class to be held during that session. The class was funded through the Full-Time Equivalent (FTE) program. In order to maintain the allocation of FTE funds, there was a requirement that a minimum number of 15 band students be enrolled and in attendance. In previous summers, band was an enrichment program which received no FTE money and did not require attendance records. However, during summer school of 1978, these requirements were changed and it was necessary to maintain a register of attendance of the Band class for FTE auditing purposes.
In the event the required enrollment was not met, then the class could not be held. If that occurred, the teacher would receive no salary for the summer session relating to that course.
Carter prepared a student attendance register for the summer school of 1978 band class beginning June 16, 1978, and ending July 28, 1978. That register reflects 18 enrolled students in the course. Carter also prepared two summer school class enrollment sheets for FTE reporting purposes. The first is dated June 30, 1978, and shows 19 students enrolled in Band. The second is dated July 10, through July 14, 1978, and reflects 18 full-time students and 1 half-time student enrolled in Band.
Notwithstanding these enrollment sheets, actual student enrollment and attendance was far below that which was reported by Carter.
Deidre Sampson was reported as having been present for thirty (30) days between June 16, 1978, and July 28, 1978. Ms. Sampson also received a grade of "C" in the course. While Ms. Sampson was enrolled in the course, she attended no more than two or three days.
Deborah Grant Lewis enrolled for the course and attended it for a period of three weeks and then lost interest and withdrew from the course. She received a "B" for the course and the attendance register reflects that she was present for twenty-nine (29) days with one day absent.
Lloyd Gillespie neither enrolled in the course nor ever attended the course, yet he received a grade of "C". The attendance register reflects that Lloyd Gillespie was present for twenty-nine (29) days with one day absent.
Ricky King enrolled in the course and attended for two or three weeks and then dropped out. The attendance register reflects that he was present twenty- seven (27) days with three days absent.
LeVonne Sinclair enrolled in the class and attended through July 3, 1978, at which time she dropped out because of other employment responsibilities.
While Ms. Sinclair did not receive a grade, her attendance register reflects twenty-seven (27) days in attendance with three days absent.
Patricia Willis enrolled in the band course but never attended any classes. Nonetheless, Ms. Willis received a grade of "C" in the course and the attendance register reflects she attended twenty-six (26) out of the thirty days.
Laura Redden enrolled in the Band course but never attended. She did not receive a grade but the attendance register reflects thirty days attendance with no absences.
Vanessa McBride never enrolled in or attended the Band class but shows on the attendance register as having attended twenty-seven days with three days absent and receiving a grade of "C".
It was the responsibility of Carter to prepare the student attendance registers and grade reporting forms for his class. The evidence establishes that Carter's signature appears on those forms which reflect the inaccurate attendance data and the award of undeserved grades.
Mr. James E. Thompson, who is principal of Matthew school where Carter teaches, is willing to accept Carter in the future as one of his teachers because of Carter's overall abilities. Carter's efficiency ratings reflect that he is, otherwise, an effective teacher.
The evidence establishes that Carter signed his name to official reports that were patently incorrect. If the reports had been submitted correctly then FTE funds would have been terminated for the Band class, the class would have been cancelled and Carter would not have received remuneration for services as a Band instructor during that summer session of school. The evidence does not establish Carter's motivation as being that of protecting his income or insuring that the course was made available to those students who did attend.
CONCLUSIONS OF LAW
The panel rejects the Respondent's Exceptions to the recommended order. The exceptions constitute requests to make additional findings of fact. The Respondent did not file proposed findings of fact asking the hearing officer to rule on these matters, as he was entitled to do pursuant to Stuckey's of Eastman, Georgia vs. Department of Transportation, 340 So.2d 119 (Fla. 1st DCA, 1976). Therefore, this panel has no power to modify, by making additional findings, the findings of fact. See Section 120.57(1)(b)9, F.S.
The panel concludes that the actions of the Respondent as found above constitute;
a violation of Section 232.023, F.S., which makes the falsification of attendance records a revocable offense;
a failure to meet the requirements of Section 232.021, F.S. As such it is a violation of Department of Education Rule 6B-5.03(1)(a), the penalty for violation of which is suspension or revocation; and
a failure to practice his profession at the highest ethical standard, as required by Department of Education Rule Chapter 6B-1.
However, since Respondent is apparently functioning well as a teacher in classroom, this panel chooses not to impose a penalty that would remove the Respondent from the classroom. As part of the penalty in this case a letter of reprimand will be sent to the Respondent, his employer, and the Office of Teacher Certification. In addition, this teacher panel of the Education Practices Commission hereby
ORDERS that the Respondent, Jerry M. Carter, is placed on probation for a period of 3 years, during which time he shall obey all laws, rules, and regulations of the State of Florida and the teaching profession, and he shall report at regular intervals to the Department of Education.
DONE AND ORDERED this 2nd day of March, 1981.
Aaron Bethel Presiding Officer
Filed in the records of the Education Practices Commission and copies furnished to all parties this 9th day of March, 1981.
Donald L. Griesheimer
Docket for Case No: 79-000812
Orders for Case No: 79-000812
| Issue Date |
Document |
Summary |
|
Feb. 01, 1980 |
Agency Final Order
|
|
|
Oct. 19, 1979 |
Recommended Order
|
Respondent falsified attendance and grade sheets in violation of statute. Respondent should be suspended for one year for improper conduct.
|
