STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PROFESSIONAL PRACTICES COUNCIL, )

)

Petitioner, )

)

vs. ) CASE NO. 79-814

)

WALLACE RASBERRY, )

)

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 12, 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 H. Maness, Esquire

603 Florida Theatre Building Jacksonville, Florida, 32202

The Professional Practices Council (hereafter PPC) seeks to suspend the Florida Teachers' Certificate of Respondent, Wallace Rasberry (hereafter Rasberry), 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 Rasberry and the education profession into public disgrace and disrespect. Specifically, Rasberry is charged with falsifying class enrollment, attendance records and student grades.

FINDINGS OF FACT

1. Rasberry holds Florida Teaching Certificate Number 069503 post-graduate rank II, valid through June 30, 1983, covering the areas of physical education, health education and junior college. At all times pertinent hereto, Rasberry was employed in the public schools of Duval County, at Matthew Gilbert Seventh Grade Center as a physical education teacher.

   
   

2. During the summer school session of 1978, at Matthew Gilbert, Rasberry was assigned as teacher for the physical education 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 28 physical education students be enrolled and in attendance. 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.

   
   

3. Mr. James E. Thompson was principal of Matthew Gilbert during the summer school session of 1978. The usual procedure established by Mr. Thompson for the summer school physical education was to assign two teachers to the physical education program with only one of the teachers being responsible for attendance and grade records. Such was the case during summer school 1978. Rasberry was one of two teachers assigned to the physical education program.

   Mr. Rasberry was excluded from the requirement of reporting attendance and grades because of his other extensive duties. This procedure had the "blessing" of principal Thompson.

   
   

4. Rasberry never submitted any paper work regarding the physical education course for summer school 1978. All grade reporting forms and attendance records were prepared and submitted by another instructor who in some cases signed Rasberry's name to the form. However, at no time did Rasberry sign his own name to any of these forms.

   
   

5. While the evidence demonstrated that a high number of discrepancies exist in these reporting forms, there is no evidence to establish any connection between Rasberry and the inaccurate attendance data or the award of undeserved grades.

   
   

   CONCLUSIONS OF LAW

   
   

6. The evidence fails to establish that Rasberry falsified class enrollent, attendance records or students' grades. There is no evidence to establish that Rasberry knew of any misrepresentations and because he was specifically excluded from these administrative responsibilities there is no evidence to establish that Rasberry should have known of the misrepresentations. Accordingly, Rasberry is not guilty of conduct which is inconsistent with good professional, ethical practice, is not a proper example for students and fellow educators or is sufficiently notorious to bring Rasberry and the education profession into public disgrace and disrespect. It is, therefore,

RECOMMENDED that the State Board of Education take no action against the Florida Teachers' Certificate of Rasberry.

MICHAEL R. N. MCDONNELL

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

L. Haldane Taylor, Esquire 2516 Gulf Life Tower Jacksonville, Florida 32207

William H. Maness, Esquire 603 Florida Theatre Building Jacksonville, Florida 32202

Docket for Case No: 79-000814

Orders for Case No: 79-000814