vs. ) CASE NO. 79-1767
FANNIE B. MARSHALL, )
Respondent. )
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this cause on May 15, 1980, in Tallahassee, Florida.
For Petitioner: David A. Barrett, Esquire
Petitioner, Professional Practices Council ("Petitioner"), filed a Petition for the Revocation of Teacher's Certificate ("petition") charging Respondent, Fannie B. Marshall ("Respondent"), with "incompetence", in violation of Section 231.29, Florida Statutes, and asking that Respondent's teaching certificate be revoked, suspended or that some other appropriate disciplinary action be taken against her.
Respondent filed an Answer to Petition for Revocation to [sic] Teacher's Certificate, in which she interposed the following "defenses" to the allegations of the petition:
Thereafter, by letter dated August 15, 1979, Petitioner requested that a Hearing Officer from the Division of Administrative Hearings be assigned to conduct the hearing in this cause. The hearing was initially scheduled for November 9, 1979, by Notice of Hearing dated September 27, 1979. By Order dated November 2, 1979, Petitioner was granted leave to file an Amended Petition, and in that same Order, Petitioner's Motion for Continuance of the November 9, 1979 hearing was also granted. In the Order granting Petitioner's Motion for Leave to File an Amended Petition, Respondent was allowed a period of ten days after the filing of such Amended Petition in which to file a responsive pleading.
Thereafter, Petitioner filed an Amended Petition on November 18, 1980. Respondent filed a motion to dismiss the amended petition, which motion was denied by Order dated December 27, 1979. Respondent failed to plead further to the amended petition. However, in complying with the Hearing Officer's Prehearing Order, Respondent's Response to Pre-Trial Order contained the following:
[Respondent] admits to incompetency and inability to render useful and efficient service as a teacher due to total and permanent disability from late 1972 until her dismissal in February 1977, which disability is medically determinable.
Final hearing was scheduled for February 22, 1980, by Notice of Hearing dated January 16, 1980, but was continued by Order dated February 22, 1980, granting Respondent's Motion for Continuance. Hearing was rescheduled for May 15, 1980, by Second Amended Notice of Hearing dated March 28, 1980.
At the final hearing in this cause, Petitioner called Merton L. Ekwall, Mamie H. Arrington and Edna Owens as its witnesses. Petitioner offered Petitioner's Exhibit 1, which was received into evidence.
Respondent did not appear at final hearing in this cause, either personally or by counsel. As a result, no testimony or other evidence was offered on Respondent's behalf.
Respondent holds Florida Teacher's Certificate No. 097813, Rank II, Post Graduate, valid through June 30, 1987, covering the areas of Elementary Education, Art Education, Early Child Education, Reading and Junior College.
During the 1976-1977 school year Respondent was employed as an elementary school teacher at Astoria Park Elementary School in Leon County, Florida.
Petitioner received a suggestion of Respondent's incompetence from school officials in Leon County, Florida, on October 14, 1977, and pursuant to the authority contained in Rule 6A-4.37, Florida Administrative Code, a professional inquiry into the allegation of Respondent's incompetence was conducted. On July 10, 1979, a report was submitted to the Executive Committee of Respondent which recommended that the Commissioner of Education find probable cause to believe that Respondent was guilty of acts constituting grounds for revocation or suspension of her teaching certificate. Pursuant to that recommendation, probable cause was found by the Commissioner on July 13, 1979. The filing of a petition seeking revocation of Respondent's teaching certificate was thereupon directed.
On October 5, 1976, Respondent neglected to provide adequate or competent instructional plans for a substitute teacher, even though she had previously been advised by her principal that her absence from her classroom would be necessitated by a professional workshop; that a substitute would be required to conduct her classes; and that instructional plans for substitutes were essential to the accomplishment of the educational goals during her absence.
On January 6, 1977, Respondent was warned in writing by her principal that, in accordance with school policy, adequate lesson plans for substitute teachers were necessary in order to insure a continued movement toward instructional goals for her students. Notwithstanding this warning, however, Respondent, during an absence necessitated by illness from January 31, 1977 through February 4, 1977, failed to leave adequate or comprehensible lesson plans and procedures for a substitute teacher. In fact, on various of the days during this time, no lesson plans whatever were left.
On December 1, 1976, Respondent failed to deploy audio-visual equipment in a manner in which it could be heard by her class, failed to adequately explain the content of the material presented, and failed to use the equipment in a manner calculated to adequately instruct her students. During this same lesson, Respondent failed to utilize adequate techniques for the management of the behavior of her students, resulting in student behavior which interfered with instruction of her students.
During the 1976-1977 school year, Respondent consistently maintained charts and visual teaching aids in her classroom in a disorganized and illogical manner, demonstrated poor enunciation and a lack of plural/singular distinction in the pronunciation of words, demonstrated incorrect letter formation and a lack of continuity of lessons from one day to the next. In addition, at various times during the 1976-1977 school year, in the process of grading and evaluating her class's test papers, homework and standardized test results, Respondent failed to accurately and adequately grade, evaluate and analyze her students' performance. As a result of Respondent's failure in this regard, her students were not properly advised of whether the tasks they had undertaken to learn were adequately understood, and were thus potentially permitted to retain inaccurate concepts of basic skills.
Throughout academic year 1976-1977, Respondent consistently failed to utilize available instructional materials and equipment, such as student handouts, mimeograph materials and bulletin boards, in a manner calculated to
accomplish the tasks for which those instructional aids were designed. In the use of such instructional aids, Respondent consistently misspelled words, used illegible manuscript, misused words and grammar, passed out sloppily prepared materials, and in general failed to utilize teaching techniques sufficient to assure that a particular task or subject was or could be understood by her students. In addition, Respondent consistently maintained her classroom in an unkempt and disorganized condition, despite reasonable requests and warnings from her principal. During this period Respondent constantly rearranged desks and seats in her classroom, causing confusion, disorientation, and general turbulence among her students.
On December 3, 1976, Respondent publicly embarrassed one of her students by calling the student a "liar" when the student told Respondent that she had turned in a work assignment to Respondent. Respondent was apparently unable to locate the student's work at that time, but later found the paper on Respondent's desk. Despite this mistake, Respondent failed to apologize to the student or retract her criticism.
At various times during the 1976-1977 school year, Respondent inflicted corporal punishment on her students by yanking them from their seats and/or shaking them, even though Respondent had repeatedly been instructed by her principal not to touch a student in any manner except as prescribed by school policy, and in the presence of other instructional or administrative personnel.
Throughout academic year 1976-1977, until remedial action was taken by her principal, Respondent consistently failed to adequately and accurately explain her students' progress and goal achievement through evaluative methods and procedures made available to the students' parents. Further, Respondent consistently exhibited during this period incorrect and inappropriate grammar in class and in reports and other communications with her colleagues and students' parents. In addition, Respondent also displayed a cumulative lack of proper grammar and instructional skills, as well as a persistent lack of basic knowledge and inaccuracy in transmitting information in subject areas assigned to her class.
On February 1, 1977, Respondent, in violation of school and district policy of which she had repeatedly been reminded, failed to report for school and failed to notify appropriate persons that she would be absent.
Respondent was repeatedly counselled by her supervisors concerning her performance in an attempt to provide remedial assistance and advice. Respondent was issued repeated warnings that her persistence in the patterns and practices of conduct set forth above would result in disciplinary proceedings being instituted against her.
As indicated earlier in this order, Respondent has asserted, as a defense to allegations of incompetency, that she suffered from medical and/or emotional or mental impairments during the 1976-1977 school year. However, the only medical testimony of record in this proceeding establishes that Respondent displays no gross psychiatric deviations, and is suffering from no diagnosable psychiatric disease.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, this proceeding. Sections 120.57(1) and 120.60, Florida Statutes.
Section 231.28, Florida Statutes, provides that:
The Department of Education shall have authority to suspend the teaching certificate of any person for a period of time not to exceed 3 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 (4); to revoke the teaching certificate of any person, thereby denying him the right to teach for a period of time not to exceed 10 years, with reinstatement subject to provisions of subsection (4); or to revoke permanently the teaching certificate of any person, provided:
It can be shown that such person. . .has proved to be incompetent to teach or to perform his duties as an employee of the public school system. . .or upon investigation has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board, or has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate, or has refused to comply with the regulations of the State Board of Education or the school board in the district in which he is employed.
Chapter 6B-5, Florida Administrative Code, lists ". . .the generally accepted minimal standards of the education profession in Florida. . .[that form] the basis for reviewing the performance of professional educators. . ." Rule 6B-5.01, Florida Administrative Code.
Rule 6B-5.03, Florida Administrative Code, provides, in pertinent part, that:
Competent educators must possess the abilities and skills necessary to the designated task.
Therefore,
Each educator shall:
(a) keep records for which [he or she is] responsible in accord with law and accepted practices of [the] school system. . .
Each teacher shall:
utilize available instructional materials and equipment necessary to accomplish the designated task, [and]
adhere to and enforce administrative policy of the school. . .
Rule 6B-5.04, Florida Administrative Code, provides that:
[t]he competent educator shall utilize or promote the utilization of acceptable techniques to analyze the needs and potential of individuals.
Rule 6B-5.05, Florida Administrative Code, provides, in pertinent part, that:
Each educator shall:
create an atmosphere which fosters interest and enthusiasm for learning and teaching,
use procedures appropriate to accomplish the designated task,
encourage expressions of ideas, opinions and feelings;
Each teacher shall:
create interest through the use of materials and techniques appropriate to the varying abilities and background of students, [and]
utilize individual student interests and abilities when planning and implementing instruction. . .
Rule 6B-5.06, Florida Administrative Code, provides that:
In communicating with students and other educators, each competent educator, within the limits prescribed by his assignment and role, shall:
Utilize information and materials that are relevant to the designated task [sic]
Use language and terminology which are relevant to the designated task,
Use language which reflects an understanding of the ability of the individual or group,
Assure that the task is understood,
Use feedback techniques which are relevant to the designated task,
Extract major ideas or themes from the statements of others, and
Encourage each individual to state his ideas clearly.
Rule 6B-5.07, Florida Administrative Code, provides that:
In exercising management techniques, the competent educator shall:
Resolve discipline problems in accordance with law, state board regulations, school board policy, administrative regulations and accepted school policies,
Maintain consistency in the application of
policy and practice.
Use management techniques which are appropriate to the particular setting such as group work, seat work, lecture, discussion, individual projects and others, and
Develop and maintain standards of conduct.
Rule 6B-5.09, Florida Administrative Code, provides that:
A competent educator accepts responsibility commensurate with delegated authority to evaluate learning and goal achievement, and the competent educator shall:
Utilize several types of evaluative techniques,
Provide frequent and prompt feedback concerning the success of learning and goal achievement efforts,
Analyze and interpret effectively the results of evaluation for judging instruction, the achievement of stated goals, or the need for further diagnosis,
Utilize the results of evaluation for planning, counseling and program modification, and
Explain methods and procedures of evaluation to those concerned.
Rule 6B-5.10, Florida Administrative Code, provides, in pertinent part, that:
Competent educators are held to possess effective human and interpersonal relations skills and therefore:
(3) Shall not show disrespect for or lack of acceptance of others,
(6) Shall comply with reasonable requests and orders given by and with proper authority
Rule 6B-5.11, Florida Administrative Code, provides, in pertinent part, that:
In assessing the mental or physical health of educators, no decision adverse to the educator shall be made except on the advice or testimony of personnel competent to make such judgment by reason of training, licensure and experience. However, certain behaviors are held to be probable cause to examine, and each competent educator within the scope of delegated authority shall:
(2) Be able to communicate so effectively as to accomplish the designated task,
(4) Possess and demonstrate sufficient intellectual ability to perform designated tasks.
Rule 6B-1.02(2), Florida Administrative Code, in pertinent part, provides that:
In fulfilling his obligations to the student, the educator--
Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.
Shall conduct professional business in such a way that he does not expose the student to unnecessary embarrassment or disparagement.
Based upon the foregoing Findings of Fact, it is concluded that Respondent has violated the above-quoted sections of Chapters 6B-5 and 6B-1, Florida Administrative Code, and that, therefore, in accordance with Section 231.28, Florida Statutes, her teaching certificate should be revoked for a period of three years from the date of the entry of a final order herein.
That a Final Order be entered by the State Board of Education revoking the teaching certificate of Respondent, Fannie B. Marshall, for a period of three years.
RECOMMENDED this 18th day of July, 1980, in Tallahassee, Florida.
WILLIAM E. WILLIAMS
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
David A. Barrett, Esquire Post Office Box 1501 Tallahassee, Florida 32302
Mrs. Fannie B. Marshall 1749 Hill Gate Court Tallahassee, Florida 32308
