STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF BROWARD COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 83-488

)

ALFREDA GRADY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, James E. Bradwell, held a public hearing in this case on June 29, 30 and July 1, 1983, in Pompano Beach, Florida. The parties were afforded leave, through extensions, to and including October 30, 1983, to submit proposed memoranda supportive of their respective positions. Proposed memoranda were received and considered by me in preparation of this Recommended Order. 1/

APPEARANCES

For Petitioner: Philip J. Montante, Jr., Esquire

1500 East Atlantic Boulevard Pompano Beach, Florida 33060

For Respondent: Robert F. McKee, Esquire

Frank & Kelly, P.A.

2124 West Kennedy Boulevard Tampa, Florida 33606

ISSUE

The issue posed for decision herein is whether or not the Respondent, Alfreda Grady, should be terminated from her employment as an instructional employee with the Broward County school system.

FINDINGS OF FACT

Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, post-hearing memoranda and the entire record compiled herein, I hereby make the following relevant findings of fact.

1. By its six count Petition for Dismissal, Petitioner, through the person of its Superintendent of Schools, William T. McFatter, seeks to uphold its recommendation that Respondent, Alfreda Grady, be dismissed from employment in the Broward County school system.

2. Respondent, Alfreda Grady, was an instructional employee at the School Board of Broward County until she was suspended with pay from her duties at the close of the workday on January 27, 1983. Respondent holds a continuing contract of employment and holds teaching certificates in both guidance and elementary education.

   
   

3. During the course of the 1982-83 school year, Respondent was assigned to the position of guidance counselor at Attucks Middle School. This assignment was made by Mr. Thomas Wilson, Assistant to the south area Superintendent of the Broward County School Board. Ms. Grady was later assigned to teach sixth grade orientation and social studies.

   
   

4. On January 27, 1983, Respondent was placed on emergency suspension and a PETITION FOR DISMISSAL from the Broward County school system was filed based on charges of incompetency, misconduct in office, immorality and gross insubordination. A request was made for a formal evidentiary hearing pursuant to Chapter 120.57(1), Florida Statutes. The matter was thereafter assigned to the undersigned hearing officer to conduct the instant hearing.

   
   

5. On August 19, 1982, Respondent was assigned the position of guidance counselor at Attucks Middle School. Prior to this assignment, the position of guidance counselor had been assigned to Ms. Ricci Mandell, a teacher previously employed at Attucks. This assignment was made by Taft Green, principal at Attucks Middle School. Both Ms. Grady and Ms. Mandell were retained in the Guidance Department.

   
   

6. Approximately two weeks into the school year, Respondent was assigned to teach one sixth grade orientation class. It is not unusual for a teacher to be assigned teaching duties in more than one subject area. (TR Volume 1, p. 193)

   
   

7. By letter dated September 1, 1982, Mr. Green informed Respondent that she would begin teaching the orientation class on September 7, 1982. Respondent was also informed by Mr. Green that Ms. Friedman, a reading teacher at Attucks, would supply the necessary material and a course syllabus. Ms. Friedman had previously taught the orientation course during the 1981-82 school year. Respondent was advised that principal Green and the other instructional employees were available to assist her, as needed. Although Respondent never contacted Ms. Friedman for either assistance or to obtain the material, Ms. Friedman supplied the Respondent with a variety of materials to be used in teaching the orientation course including the course guide for middle school orientation and two instructional television books. (TR Volume 1, p. 166)

   
   

8. Respondent refused to teach the orientation course. The class was used as either a study hall or the students watched programs such as "The Today Show" and "Good Morning America."

   
   

9. On September 15, 1982, Respondent was assigned to teach two sixth grade social studies classes. A memo reflecting this assignment was sent both to Respondent and Ms. Mandell, dividing the guidance position between them and assigning them each three classes. (Petitioner's Exhibit P)

   
   

10. Mr. Green divided the counselor duties between Respondent and Ms. Mandell based on budgetary considerations. That is, Attucks could not afford three guidance counselors and instead of terminating one instructional employee, the guidance counselor assignments were divided. (TP Volume 1, pp. 204 - 205)

11. On November 3, 1982, Mr. Green began, via a memo, to change Respondent from a guidance position to a teaching position reciting in the memo that the change was based on a report from Rod Sasse, an educational guidance specialist for the Petitioner.

    
    

12. Mr. Sasse conducted a study of the Attucks Guidance Department and determined that the Department needed to be restructured. He determined that two full-time counselors were more effective than one full-time and two part- time guidance counselors. Thus, Respondent was assigned a teaching position without any counseling duties.

    
    

13. Respondent has refused to perform her assigned duties by Mr. Taft Green citing, inter alia, that the course materials provided her were inadequate or incomplete; that she was not educationally trained and therefore unqualified to teach the assigned duties; that she received no help or assistance from other instructional employees at Attucks and that she was not interested in taking the needed steps to either become qualified or otherwise competent to teach the assigned social studies and orientation classes.

    
    

14. Prior to her November 10, 1982 assignment by principal Taft Green, Respondent was afforded one (1) week to prepare for the assigned classes. Additionally, she was given two TDA's (temporary duty assignments) to prepare for the social studies classes. Additionally, Respondent received a course syllabus and other material from other faculty and staff and offers of help from supervisory employees. (Testimony of Green; Carole Fischer, Social Studies Department Head; Mark Thomas, author of the course guide for middle school orientation and Dr. Benjamin Stephenson, Associate Superintendent for Personnel)

    
    

15. Respondent made repeated statements, oral and written, to students, other instructional employees, supervisors, principal Green and the press evidencing her lack of interest in performing the assigned duties of teaching social studies and/or orientation.

    
    

16. Respondent also cited as one of the reasons of her inability to teach the assigned classes was due to the fact that her students were not functioning at the same level of achievement and therefore it was impossible for her to teach students who are functioning at different progress levels. It is hereby found that it is indeed normal for students to function at varying progress levels and that teachers who are at all interested in performing the duties of an instructional employee, readily adjust to the varying progress levels of students and welcome the challenge of such an adjustment.

    
    

17. As stated, Respondent repeatedly refused to perform her assigned duties as an instructional employee for the orientation and social studies classes. Based on this refusal to teach, Respondent assigned 148 out of 150 students a grade of incomplete or "I." Respondent was repeatedly directed to provide grades for her students by principal Green including written demands on January 19, 20, 21 and 25, 1983. On the last two demands on January 21 and 25, 1983, Respondent was further advised that her failure to assign grades to students would be regarded as gross insubordination.

    
    

18. Respondent would not and, in fact, refused to teach her students any of the subject areas to which she was assigned by principal Taft Green. A typical day spent in the Respondent's classroom consisted primarily of the students either performing independent work which usually was in the form of preparing for other classes or doing homework which was assigned by other instructional staff or in the case of the orientation class, students would

    watch programs such as "Good Morning America" and "The Today Show." Respondent performed some minimal teaching including map and globe assignments. However, in the normal day, Respondent would permit students to perform either independent work or repeatedly view film strips. As a result of such repetition, students became bored. A number of Respondent's students expressed a desire to learn skills in the social studies classes which they were attending.

    
    

19. It is also found that the Respondent's effectiveness as a teacher has been severely damaged due to the wide notoriety that this case has received, the public statements and/or admissions by the Respondent denoting her lack of interest in teaching the assigned classes and the expressed concern of other staff and parents concerned about entrusting their children to Respondent's class in view of her admitted lack of care and disregard for the educational and social welfare of the students in her class.

    
    

    CONCLUSIONS OF LAW

    
    

20. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1)(a), and Section 230.22, Florida Statutes.

    
    

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

    
    

22. The authority of the Petitioner is derived from Section 230.22, Florida Statutes.

    
    

23. Section 231.36(6); Florida Statutes (1981) authorizes the Petitioner to suspend or dismiss any instructional employee who has been charged with acts and/or conduct amounting to immorality, misconduct in office, incompetency, gross insubordination or willful neglect of duty.

    
    

24. Misconduct in office is defined as a violation of the code of ethics of the education profession so serious as to impair the individual's effectiveness in the school system. Evidence introduced herein indicates that the Respondent's students have not been the recipients of a minimal educational experience due to Respondent's failure to communicate with her students.

    
    

25. Gross insubordination or willful neglect of duties is defined as a constant or continuing intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority. Chapter 6B-4.09(4), Florida Administrative Code. Respondent's failure to instruct her students in the orientation and social studies classes and her failure to assign a grade to such students in those classes, despite repeated requests to do so by her principal, Taft Green, amounts to gross insubordination and willful neglect of duty.

    
    

26. A competent educator accepts responsibility commensurate with delegated authority to evaluate learning and goal achievement, and the competent educator shall:

    
    

    1. utilize several types of evaluative techniques,

    2. provide frequent and prompt feedback concerning the success of learning and goal achievement efforts,

    3. analyze and interpret effectively the

       results of evaluation for judging instruction, the achievement of stated goals, or the need for further diagnosis,

    4. utilize the results of evaluation for planning, counseling and program modification and

    5. explain methods and procedures of evaluation to those concerned.

       
       

       Evidence introduced herein indicates that the Respondent failed miserably in the evaluation of learning and goal achievement as required by Chapter 6B-5.09, Florida Administrative Code.

       
       

27. Respondent, Alfreda Grady's, failure to fulfill her contract duties and her repeated violation of school board policy and the Code of Ethics of the education profession constitute sufficient basis for a dismissal or termination of her employment with the Petitioner and that dismissal/termination is within the authority of the Petitioner, School Board of Broward County, Florida.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED that the Petitioner, School Board of Broward County, enter a Final Order dismissing the Respondent, Alfreda Grady, from employment with the Broward County school system.

RECOMMENDED this 17th day of November, 1983, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of November, 1983.

ENDNOTE

1/ To the extent that the proposed findings, conclusions, etc. are not incorporated in this Recommended Order, said proposed findings, conclusions, etc. were deemed either irrelevant, immaterial, cumulative, or not otherwise supported by record evidence. Additionally, the parties waived the time requirement that a Recommended Order be entered herein within thirty (30) days following receipt of the transcript.

COPIES FURNISHED:

Philip J. Montante, Jr., Esquire 1500 E. Atlantic Blvd.

Pompano Beach, Florida 33060

Robert F. McKee, Esquire Frank & Kelly, P.A.

2124 W. Kennedy Blvd. Tampa, Florida 33606

William T. McFatter Superintendent

Broward County School Board 1320 SW Fourth Street

Ft. Lauderdale, Florida 33312

Docket for Case No: 83-000488

Orders for Case No: 83-000488