STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SCHOOL BOARD OF DADE COUNTY, FLORIDA, )
)
Petitioner, )
)
vs. ) CASE NO. 83-0926
)
NAOMI McGILL, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on September 1 and 2, 1983, in Miami, Florida.
Petitioner School Board of Dade County, Florida, was represented by Madelyn P. Schere, Esquire, Miami, Florida, and Respondent Naomi NcGill was represented by Patricia Williams Esquire, Miami, Florida.
On March 16, 1983, Petitioner suspended Respondent from employment as a teacher and initiated dismissal proceedings. Respondent timely requested a formal hearing, and this cause was tried on the Amended Specific Notice of Charges filed on August 29, 1983. Accordingly, the issues for determination are whether Respondent is guilty of the allegations contained in the Amended Specific Notice of Charges and, if so, whether Respondent should be terminated from her employment.
In exchange for the continuance of the formal hearing in this cause to the date on which it was heard, Respondent waived any claim for back pay which she might have for the period from June 2, 1983, through September 2, 1983.
Petitioner presented the testimony of William V. Kennedy; Clifford Herrman; Tessa Gold; Marcia Fulton; Barbara Porzio; Dorothy W. Adside; and Desmond Patrick Gray, Jr. Additionally, Petitioner's Exhibits numbered 1 through 28 were admitted in evidence.
Respondent testified on her own behalf and presented the testimony of Barbaretha Freeman, Cheryl A. Smith, Joshelle Grest,
Josie M. Wright, Beverly Elaine Davis, Harriet Wilson, Johanne Condurelis, and Mildred Gonzalez.
Both parties submitted posthearing proposed findings of fact in the form of a proposed recommended order. To the extent that any proposed findings have not been adopted in this Recommended Order, they have been rejected as not having been supported by the evidence, as having been irrelevant to the issues under consideration herein, or as constituting unsupported argument of counsel or conclusions of law.
FINDINGS OF FACT
Respondent began working for Petitioner in 1966 as a teacher's aide. She became a teacher in 1974 at Olympia Heights Elementary School under the principalship of William Kennedy.
Although Respondent received acceptable evaluations from Kennedy for the next several years, she frequently had problems in classroom management and in her paperwork. Kennedy admonished Respondent to utilize more voice control in giving directions and corrections to students, since she frequently yelled at the students and sometimes the yelling could be heard in the hallway and even in the principal's office.
Kennedy held informal conferences with Respondent. He also directed the assistant principal, Tessa Gold, and Respondent's fellow teacher, Josie Wright, to give advice to Respondent. Additionally, he changed Respondent's grade-level assignments from fifth grade to third grade to first grade and then to kindergarten in an attempt to assist her. Respondent basically corrected her errors each year and managed to obtain a good evaluation by the end of each school year. However, each year she required more administrative input in order to be an adequate teacher.
On or about October 28, 1977, Respondent struck a child with a ruler. Kennedy and Gold saw redness and ruler marks on the child's hands. Respondent admitted to Kennedy that she had struck children, and Kennedy directly ordered her never to strike a child again.
Clifford Herrman became the principal of Olympia Heights Elementary School for the 1981-82 school year. Although Herrman's goal was to visit every classroom once a day, he was generally successful in visiting each classroom at least three times a week for a short visit or "walk-through" for up to five minutes. Herrman also was responsible for official evaluations of the teachers at his school. New teachers are required to have a certain number of observations. As teachers have more seniority,
fewer observation are required. If a teacher was found to be unacceptable in any area, Herrman was required to reevaluate to see that the improvements that had been recommended were actually made. Therefore, every time, as will be set forth below, that Respondent was rated "unacceptable" in a long series of observations, Herrman was required to reevaluate Respondent to ascertain if the recommended improvements had been made.
Accordingly, mare formal observations were performed on Respondent than on other teachers with the same seniority in order that Respondent could demonstrate improvement.
Respondent was promised a kindergarten class for the 1981-82 school year by Kennedy before he was replaced as the principal by Herrman. During the preceding summer, Herrman questioned whether there would be enough students for that additional kindergarten class. He therefore notified Respondent that she would be teaching a third grade class but that if there were enough kindergarten students he would make sure she taught a kindergarten class. During the pre-planning week, Herrman
ascertained that the number of students was sufficient to generate the additional kindergarten class, and he so notified Respondent. Although she had only one afternoon to get ready for her kindergarten class, Respondent was not penalized in any way for having a late start. Herrman assigned the other kindergarten teachers to assist Respondent in preparing her classroom and son plans because of the reduced time Respondent had to prepare individually. When Herrman made his first official observation of Respondent on September 14, 1981, he rated her performance as acceptable.
The Balanced Curriculum is a Dade County Public Schools district policy. It mandates that certain blocks of time be committed to different areas of study. Different grade levels require different lengths of time, and certain material must be taught within those blocks of time.
PREP is a program mandated by the State Legislature. The most important aspect of the PREP program is that the children receive an intense amount of individualized help. Their problems are identified early in their school careers. The intent is to identify problem areas and eliminate those areas by the use of small class size, low teacher ratio, and a lot of support in the kindergarten through third grade classrooms. When a child enters school, a test is given. Through the results of that test, the child is placed into one of the three PREP strategies. The preventative strategy means that there is an identifiable, correctable problem. A "preventative child" needs a lot of manipulatives, a lot of "hands-on" activities, and more one-to-one instruction. A "developmental child" is one who is progressing the way a child is expected to progress at that grade level.
These are generally the "average" children. The "enrichment children" would include the gifted and those children who need extended activities because they finish their work early and need to be challenged.
The children are charted on a PREP roster, which is a classroom chart. A teacher's plans must reflect different activities for the children on the different strategies, and the children's work folders must reflect the strategies. Dade County provides in-service training for the PREP program in the form of a 30-hour course. Respondent had received her PREP training during the first year of teaching kindergarten, probably before Thanksgiving.
Dade County requires all of the schools to have children's work folders with graded, dated work. Homework is to be reflected in those folders. The work must show corrections. There is also a requirement that the grade book reflect at least one grade per week in each subject area.
The next formal observation of Respondent was performed by Herrman on November 24, 1981. Respondent was found to be unacceptable overall and was rated unacceptable in the areas of preparation and planning, classroom management, techniques of instruction, and teacher-student relationships. Respondent was marked unacceptable in preparation and planning because she was not following her lesson plans and was therefore off task. Her lesson plans did not reflect the specific time allocations for different subject areas as required by the Dade County Balanced Curriculum. Respondent wad unacceptable in classroom management because the students were not on task, they were noisy, and they were out of their seats. Respondent did not appear to be aware of which students were on or off task. Respondent was unacceptable in the area of techniques of instruction because she was not involving the students in a diagnostic prescriptive program, as required by Dade County policy. All of Respondent's students were given the same material and were not put into PREP strategies. This meant that the work was too difficult for some and too easy for others. Respondent therefore failed to meet the individual needs of her students, as required by Dade County policy. Additionally, Respondent's directions were not given in a clear and precise manner. Respondent was found to be unacceptable in teacher-student relationships because her verbal communication was found to be inappropriate and very negative. She used phrases such as "Shut up" and "You're acting like babies."
Respondent was found to be unacceptable in maintaining a complete grade book. There were many entries in the grade book that had no indication as to what they were for and for which date. There were grades missing for some subject areas. There
were not sufficient grades in the grade book to document a child's progress at the end of the nine-week grading period. The grade book is used to determine whether a student has mastered the skills according to the Dade County Public Schools Minimum Performance Standards and to document whether a child has met the requirements for promotion to the next grade.
Herrman prescribed help for Respondent. He directed her to (1) follow planned lessons, (2) establish classroom procedures and require the children to follow those procedures, (3) periodically check the students to see that they remain on task,
(4) give directions in a clear and precise manner, (5) date her grades, and (6) have more complete grades. He further directed that her verbal communication should be more positive.
Herrman performed the next formal observation of Respondent on December 1, 1981. She was found to be unacceptable overall, and she was rated unacceptable in the areas of preparation and planning, classroom management, techniques of instruction, and assessment techniques. Tessa Gold, the assistant principal, was in the Respondent's classroom when this observation was made, and she is in full agreement with the observation. Respondent was found to be unacceptable in preparation and planning because her lesson plans did not reflect the Balanced Curriculum requirements. Respondent failed to ascertain whether the students' record player was working properly. The record player was on the wrong speed, and the lesson was inaudible to the children who were using headphones. Respondent was found to be unacceptable in classroom management because the children were not on task and doing their lesson. instead, they were doing other things, talking, and out of their seats. Respondent was found unacceptable in her techniques of instruction because nothing was being done to remediate the deficiencies of the children. Much of the work was at a level that was too difficult for them. The strategies were not appropriate for them, they were not on task, and they were not supervised closely. Respondent was evaluated unacceptable in her assessment techniques. There were still insufficient grades to determine a student's progress. The Teacher's Handbook for Respondent's school indicated the requirement that a minimum of one grade per week per subject area be given. Respondent had no more than five grades in any one subject area for a period of 13 weeks.
Herrman prescribed help for Respondent and directed that his recommendations for improvement be implemented by December 7, 1981. He directed Respondent to show all times of day in her plan book along with individual lessons with objectives from the “balanced Curriculum. Her grade book was to show the dates and objectives. She was to monitor individual group activities to see that the children remained on task and was to limit the number of
group activities so as to allow time to move from group to group to see that the students understood and were on task. She was to meet regularly with the kindergarten staff, at least twice a week, so that they could assist her in complying with the recommendations. She was advised that all grades in her grade book must be identified by date and subject and that a minimum of one grade per week per required subject area was required to be recorded in her grade book. Teacher-directed activities were to be relevant to the needs of the students, and basic skills of the Balanced Curriculum were to be taught. Respondent was to implement a classroom management system that emphasized positive interaction with students. She was to keep the office advised of the status of compliance or noncompliance with these recommendations.
Respondent was next formally observed by Tessa Gold, assistant principal, on January 22, 1982. She was found to be unacceptable overall and was rated unacceptable in the areas of preparation and planning, classroom management, techniques of instruction, and teacher-student relationships. Respondent was found to be unacceptable in preparation and planning because her plans were not in compliance with the Balanced Curriculum. All of the teachers in the school had received copies of the Balanced Curriculum, and there had been meetings to review that information. Respondent did not have the materials at hand which were necessary to conduct the lesson she intended to teach, and the lesson which was being taught was not listed in the lesson plan. Respondent was found to be unacceptable in the area of classroom management because the students were not attentive and were talking. Further, a group of students returned from the ESOL program (English for Speakers of Other Languages), entered the room noisily, and did not settle down. The students were not incorporated into the lesson. Other students were trying to explain to these students what to do, and that made the class even noisier. Respondent was found to be unacceptable in her techniques of instruction because the students never settled down to pay attention to the lesson that was being taught. Respondent did not use motivating factors to begin her lesson and never obtained the attention of the students. Respondent was found to be unacceptable in her teacher-student relationships. She made inappropriate comments to the students, such as "Don't bother me now. This is inappropriate because it does not build a comfortable feeling on the part of the students about coming to school. She also threatened to send a student to the principal if he did not listen, and then, when the student had to be reprimanded again, Respondent did not follow through with her threat.
Gold also recommended help for Respondent. She directed Respondent to follow the time guidelines for the Balanced
Curriculum and to adjust her schedule accordingly. Gold indicated that the instructional time must follow the plan book times and that all lessons taught must be written in the lesson plans.
Respondent was directed to have all supplies ready and available before beginning a lesson. Respondent was directed to compliment the students who listened and to reward their positive behavior. Gold further suggested that Respondent take a workshop course in classroom management and gave her a copy of 62 Suggestions to Improve Classroom Discipline. Respondent was directed to become familiar with the Science Teacher Manual and to utilize the information therein to prepare the students. Respondent was directed to be more positive with the students and not to threaten the students unless she intended to follow through with her threat.
On January 26, 1982, in an effort to aid Respondent in complying with the Balanced Curriculum, Herrman developed a lesson plan for her to use. She was instructed to follow this lesson plan and to make no changes without first discussing it with him.
Herrman's next formal observation of Respondent was on February 12, 1982. She was found to be unacceptable overall and was rated unacceptable in the areas of preparation and planning, knowledge of subject matter, classroom management, techniques of instruction, and teacher-student relationships. Gold accompanied Herrman during this observation and concurred with his observations. Respondent was found to be unacceptable in preparation and planning because during the time that was allotted for a literature and expressive language lesson, she passed out art materials for 15 minutes. She also read a story, which was used as a time filler. She did nothing with the story to make it into a literature and expressive language lesson. She was therefore not meeting the Balanced Curriculum for language and literature on that day. Further, Respondent had not made the necessary arrangements for materials relative to the planned lesson. Respondent was also found to be unacceptable in her knowledge of the subject matter because she was not teaching the lesson in the plan book in the required manner, which entailed introducing the lesson and using some type of activity involving the students and some type of assessment. Respondent was also found to be unacceptable in classroom management because the children were very loud, and Respondent had to stop the lesson four times to quiet the students so that she could proceed. Respondent was marked unacceptable in techniques of instruction. The lesson was not appropriate, was not in compliance with the lesson plan, and did not meet the interests, needs, and abilities of the students. No interaction was taking place. Respondent was not teaching the subject listed in the lesson plans, and no directions were given by Respondent for the completion of tasks.
Respondent was found unacceptable in student-teacher relationships because she used very negative communications and raised her voice almost to the scolding pitch. It was at this time that Herrman discovered Respondent had struck six children with a pointer stick. Although Respondent admitted hitting the children, she only admitted hitting four of them even though she had been previously advised by Principal Kennedy that corporal punishment was contrary to Dade County School Board policy. There is a relationship between classroom management and corporal punishment. Corporal punishment is a last-resort type of discipline for children. Respondent's repeated use of corporal punishment was a further indication that Respondent's class was out of control.
Herrman made several recommendations to Respondent for improvement. He directed her to follow her lesson plans. He directed her to observe the classes of Mrs. Wright and Mrs. Peraza in order to observe their classroom management skills, and he arranged for coverage for Respondent's class so that she could observe those classes. He directed her to use motivation preceding all lessons and to encourage pupil participation and interest by discussions. He suggested that she enroll in one of the Teacher Education Center courses. He directed her to incorporate a behavior management program that stresses positives. He reiterated to respondent the fact that corporal punishment is not permitted by staff at the school and that, if punishments are deemed necessary, school board policies must not be violated.
Respondent was next formally observed by Herrman on March 15, 1982. She was found unacceptable overall and was rated unacceptable in the areas of preparation and planning classroom management, techniques of instruction, assessment techniques, and teacher-student relationships. Gold accompanied Herrman during this observation and concurred with his observations. Respondent was exhibiting the same kinds of problems that were found unacceptable on previous observations. All students were receiving the same lesson. No pre- and post-assessments were done, and the needs of the individual children were not being met. Negative responses were given to students, and Respondent discouraged student expression. The lesson was not being; introduced, and the children were not given adequate instructions as to what to do. Many of the children sat with no work to do for most of the period. In an effort to help Respondent, Herrman recommended that Respondent ask students to repeat the directions. He also indicated that a positive approach to classroom management must occur to improve the teacher-student relationship.
Respondent was next formally observed by Herrman on April 15, 1982. She was found to be acceptable overall; however, she was found to be unacceptable in the areas of assessment
techniques and professional responsibility. Respondent was found to be unacceptable in professional responsibility because she had not implemented the directives for improvement as requested thus far and was still having trouble with certain areas She was still teaching the same lesson to the whole class. There were not enough grades recorded in her grade book. There were no recorded expressive language grades since march 10, 1982; no social studies grades since March 12, 1982; no science grades since march 10, 1982; no homework grades since February 23, 1982; and no health and safety grades since February 23, 1982. As a recommendation for improvement Respondent was again directed to record a minimum of one grade par week as per prior recommendations.
Herrman next formally observed despondent on May 11, 1982. She was found to be unacceptable overall and was rated acceptable in the areas of preparation and planning, classroom management, techniques of instruction, teacher-student relationships and professional responsibility. The areas marked acceptable at this time were areas that had been marked unacceptable at various times over the year. The reason for Respondent's decline in performance since her prior observation is that she had been given a tremendous amount of support in the way of help being provided. Once she was left on her own to proceed and implement recommendations or to follow through on things that had been demonstrated, she could not do so. Her lessons again became acceptable in many areas. For example, she taught a lesson for only 10 minutes that should have taken 30 minutes. The children's individual needs were not taken into consideration in the presentation of the lessons. Classroom management became acceptable again. The children did not follow the directions, and Respondent resorted to a very negative approach in dealing with the children. There was no organization evidence in the classroom. Respondent was marked acceptable in professional responsibility because she was still not being consistent in implementing the recommendation for improvement. Herrman made recommendations for improvement and noted that all of the recommendations made had been made before and that implementation dates had been set and not met. He directed Respondent to meet these reasonable directives immediately.
On the May 11, 1982, evaluation, Herrman noted that Respondent's grade book was complete and up to date. Subsequently, he discovered that the grades did not reflect the academic achievement or non-academic achievement of the students.
The work was graded, but the grade was not a legitimate evaluation of the students' progress. Further, the grades were not substantiated by documentation of the students' work in the students' folders, as required by Dade County policy.
At the close of Respondent's first year in the kindergarten classroom Herrman prepared an annual evaluation, which is a summary of all of the observations done during the year. While he believed that Respondent had not performed satisfactorily enough to attain an acceptable rating in most of the areas observed, he recommended her for reemployment because he was still committed to working with her in trying to improve her performance to bring it up to an acceptable level. In a memorandum to Respondent, Herrman indicated that he was still greatly concerned about her potential to implement recommendations for improvement. He stated that if improvement were not shown during the next year disciplinary action might be taken. He offered to continue to assist her in meeting the goals, but that, after one year of intensive assistance, he felt she must now assume a major portion of the responsibility.
The first formal observation of Respondent during her second year of teaching kindergarten was performed by Herrman on September 13, 1982. She was found unacceptable overall and was rated unacceptable in the areas of preparation and planning, classroom management, techniques of instruction, assessment techniques, and professional responsibility. Some of the areas that were unacceptable previously were still unacceptable, and some of the areas where she had previously shown improvement were again unacceptable. Respondent spent more than one-half of the time intended for the lesson just getting the children ready. Ten minutes were used for passing out science books and locating page
35. The children were lacking the skills to know the number 35, and consequently they could not find the page. It took Respondent a long time to realize that the children did not know the concept
They could have been introduced to it at that time, but they were not. This resulted in their being on the wrong pages, and few children, if any, could find the right page. This was not an appropriate introduction to the lesson. Additionally, children were not attentive to the lesson being taught, and they were flipping pages, talking, and out of their seats. No assessment of the lesson was done. The grade book had no recorded names or grades for any subject. Respondent was again given specific recommendations for improvement.
On September 24, 1982, a conference-for-the-record was held to discuss Respondent's noncompliance with recommendations for improvement. Herrman and Barbara Porzio, the assistant principal, reviewed all areas that had been marked unacceptable on the prior evaluations. Respondent was directed to use each of these recommendations when planning, teaching, evaluating, and conducting her professional responsibilities.
Herrman performed the next formal observation of Respondent on September 24, 1982. She was found unacceptable
overall and was rated unacceptable in the areas of preparation and planning, classroom management, techniques of instruction, assessment techniques, teacher-student relationships, and professional responsibility. The same problems continued to surface: lesson plans did not reflect what was happening in the classroom; the lesson proceeded even though the children were off task; Respondent made negative comments to the students; and Respondent was still not recording grades as directed. As a recommendation for improvement, Herrman directed Respondent to review all recommendations for improvement and to incorporate them into her planning, teaching, and follow-through strategies.
Respondent was next officially observed by Barbara Porzio on October 15, 1982. Respondent was found to be unacceptable overall and was rated unacceptable in the areas of preparation and planning, classroom management, techniques of instruction, assessment techniques, and teacher-student relationships. Earlier in the year, Porzio had passed through Respondents classroom on a daily basis and had made some unofficial observations: she noted that there was general confusion in the classroom; Respondent and the children were speaking at the same time; there was an unrest that should not have been there; and Respondent reinforced the unrest by rewarding bad behavior, i.e., giving attention to the children who were not seeking it appropriately.
Respondent was rated unacceptable in preparation and planning because she ignored the workbook directions which would have been more appropriate than the directions she gave, which directions were confusing to the children. Respondent did not review with the children what a good breakfast was. The children were directed to a two-digit page number, which they had difficulty finding because they did not have knowledge of two- digit numbers. They looked at each other and thumbed through the pages until they came to the number that Respondent wanted them to have. Herrman had previously recommended that the books could have been distributed prior to the lesson and the pages marked or the books opened to the right page for these kindergarten students.
Respondent was marked unacceptable in classroom management because the children were out of their seats, talking while directions were being given, talking throughout the lesson, and talking at will.
Respondent was marked unacceptable in techniques of ink auction because several children clearly needed more explanation than was given. The whole class received the same lesson. Both the health lesson and the math lesson were presented to the whole class and not to smaller groups. The lesson on the square was
presented in a very abstract manner. Respondent defined the word "square" by using the word "square." She did not have the children identify squares in the room and did not have them see and feel squares.
Respondent was marked unacceptable in assessment techniques because there were no grades or corrections on the papers in the children's folders. The papers only had happy faces and sad faces on them. The child had no way to look at the paper and know what part of the paper was unacceptable. Finally, there were no grades in the grade book for that particular week.
Respondent was marked unacceptable in teacher-student relationships. Some children monopolized Respondent's attention by calling out, talking, and/or being out of their places. There were children who were not getting the recognition they should have had. There was one problem child in the class who needed outside attention but was not referred by Respondent until March, after Respondent had complained about the student all year and after being prodded by the administration.
Although Respondent got along well with the children and the children liked her, it is possible to have good rapport but still not effectively conduct a class. Children can like a teacher, but that does not mean that the teacher is necessarily relating to them in an appropriate teacher-student relationship. Respondent communicated with the children more on a personal level, and the communication of skills and learning was not done well.
Porzio recommended Respondent establish classroom rules for behavior. Eye contact should be made when addressing a group, the class should be broken down into small groups, and a method for recognition, such as raising hands, must be established. Corrections on children's papers should be made in such a way that the child can identify his or her mistakes. Porzio further recommended that Respondent observe another lesson in Mrs. Wright's kindergarten class, that Porzio teach a lesson in Respondent's class, and that Porzio observe another lesson done by Respondent. The first two suggestions were rejected by Respondent. She did, however, invite Porzio back to observe another lesson.
While Respondent is very artistic and her room was creatively decorated, she did not change those decorations frequently enough in order for them to be stimulating and interesting to the children. She did display some children's work, but the work remained on display for a long time. It would have been more effective to keep changing the display so that the children could be rewarded for doing well.
At Herrman's request, during the months of November and December 1982, despondent was provided additional help by the PREP specialist for the south Central Area, Marcia Fulton. Herrman felt that he had exhausted the resources within his building and some outside the building, such as the Teacher Education Center, in his efforts to assist Respondent. Therefore, he contacted the area office for some other suggestions and the area office assigned a resource specialist to help Respondent. Fulton made six classroom visitations. When Fulton first arrived, Respondent did not have her PREP roster posted, nor did she have it in her planning or grade book, nor was it readily accessible. The Kindergarten tests which had been given by the counselor had the strategies marked at the top. The PREP chart had the children's names on it, but the strategies had not been filled in with the appropriate "Xs." The PREP chart is required to be completed within the first 20 days of school, so the PREP chart should certainly have been done by November. Fulton completed Respondent's PREP chart for her. Fulton determined that Respondent's lesson plans did not reflect strategies for the different children and were not in compliance with the Dade County Balanced Curriculum. Fulton further observed that Respondent did not spend the required time for math and did not teach the children according to their different strategies. They were all doing the same lesson. This was not appropriate because her PREP roster indicated that she had children in all three strategies. There was no evidence that the children had been grouped into reading groups. By testing the children, Fulton found that there was one child who was very advanced in reading, and she recommended resourcing that child to first grade for reading. Prior to Fulton's suggestion, that child's needs were not being met. The children who were resourced out for Spanish and ESOL were not getting the required subjects upon their return to Respondent's classroom. Fulton restructured Respondent's schedule to put her into compliance with the Balanced Curriculum. Fulton observed that Respondent did not prepare her materials prior to the lesson, for academic lessons and holiday activities as well, and that Respondent was still preparing her materials for Thanksgiving and Christmas activities at the beginning of the class. Only part of the class could begin work, while the rest of the class had to wait until materials were finished so that they could have some meaningful work to do. They had no other work to do in the meantime, and this caused discipline problems as well as lost instructional time. Even though Respondent cooperated and gathered some materials at the suggestion of Fulton, the kindergarten curriculum was not being implemented to the extent that a mid-year kindergarten teacher should have been implementing it.
Fulton arranged for Respondent to accompany her to visit another elementary school to observe an excellent kindergarten program, but she was disappointed that the main concept which Respondent grasped from that visit was an art idea which she would try with her own students. Fulton had hoped that Respondent would gain ideas as to how to integrate and reinforce kindergarten objectives.
The next formal observation of Respondent was performed by Herrman on November 30, 1982. She was found to be unacceptable overall was rated unacceptable the areas preparation and planning, classroom management, techniques of instruction, assessment techniques, teacher-student relationships, and professional responsibility. This observation was similar to prior ones: all of the students still had the same assignment; Respondent did not follow the plan in the teacher's manual, and she gave an inadequate presentation; she was not utilizing diagnostic information to meet the individual needs of the students; the lesson plans were not followed; the students did not follow directions, talked out loud, were out of their seats, and did not raise their hands after being told eight times; the children were noisy and off task; PREP strategies were not being followed; children were not given adequate introductions to lessons, and papers graded with an "N" (Needs Improvement) did not show what items were wrong. There were only two grades in the grade book for math in November, two missing grades for science and writing, no social studies grades, no health and safety grades, and no expressive language grades. Lastly, there were many negative interactions, and Respondent made few positive remarks.
Dorothy Adside, the area director, formally observed Respondent on January 21, 1983, and found Respondent unacceptable overall, with "unacceptable" ratings in the areas of preparation and planning, classroom management, techniques of instruction, and assessment techniques.
Respondent was unacceptable in preparation and planning because she had one lesson plan for all children. There was no evidence of any attempt to vary the instruction according to the Dade County policy for diagnostic prescriptive teaching in elementary schools. Adside suggested that Respondent carefully study the PREP tests, seat work, and class participation to determine where additional instruction was needed. Children were to be grouped according to the skills to be taught, and they were to be taught in small groups within the PREP strategies. Respondent was to include opportunities for evaluation and development of independent work habits. Respondent was to be certain that the children's independent work had been taught previously, so that they understood it well enough to work without
assistance and confusion. She was to learn the parts of a lesson and the sequence for teaching it.
Respondent was rated unacceptable in classroom management because the general procedures she used resulted in confusion and chaos. For example, a spelling lesson was given which was too simple for some children, about right for some, and too difficult for others. As a result, some children finished quickly and became discipline problems. Also, when Respondent was to begin the math lesson, she sent four children to get "counters" for each table without giving further instructions. When the children returned to he tables, they grabbed, dropped, scrambled for, crawled for, and played with the counters loudly. Although Respondent began teaching the lesson, she never did capture the students' attention, and order was never restored. Adside recommended that Respondent use the assistance given by the PREP specialist, Marcia Fulton. Respondent was also to implement the techniques demonstrated by the specialist and was to take a course in classroom management.
Respondent was marked unacceptable in techniques of instruction because she was not teaching the children according to their interests and levels of learning. All children were given work on the same level. There was limited and inadequate opportunity for children to express their ideas. The lesson was dull, and there was no motivation for learning. Instructions in spelling and math were poorly given, thereby resulting in confusion. Children who finished their work early were given busy work to do. Respondent inappropriately had the children count from right to left, contrary to the required pre-reading skill of going from left to right. Adside also found that some seat work was too mature for kindergarten children, and the lines upon which they were to write were too close together.
Respondent was found unacceptable in assessment techniques because she did not make use of the diagnostic prescriptive strategies. The PREP records were not current.
There was no evidence of the use of listed sources to select instructional strategies for meeting students' needs. When Adside asked for Respondent's PREP roster, Respondent took it out of the middle of a stack of materials that was in the desk drawer.
Adside recommended that Respondent use test materials and teaching strategies to assess strengths, weaknesses, and levels of learning. She suggested that Respondent study assessment data to group children according to skills missed and then to teach in either small groups or individually, as needed. She was to update her records to show the progress or lack of it.
The next formal observation performed by Herrman was on March 4, 1983. Respondent was found unacceptable overall and in
the areas of preparation and planning, techniques of instruction, assessment techniques, and professional responsibility. Porzio was in the room during the time that this observation was made and is in agreement with it.
Respondent still had lesson plans that were incomplete and inappropriate. There was no lesson plan for development or enrichment PREP strategies for Friday. Children were not properly placed in groups. The children did not have the correct materials according to their individual needs. According to lessons and the PREP roster, students were given inappropriate assignments. Student folders contained grading errors. Herrman directed that the lesson being taught be reflected in Respondent's lesson plans. He directed that the children on the enrichment strategy have enrichment level material. He directed Respondent to involve all students in a diagnostic prescriptive program which reflected appropriate assignments. Assignments were to reflect PREP strategies. Respondent was directed to correctly grade and date all papers and was told that when an "S" or "N" was used as a grade there must be consistent indications of what is right or wrong with the paper.
Herrman attached student papers to this observation form as an example for Respondent so that she could see the errors in the grading of papers in the student folders and because she insisted that she was grading papers correctly. The papers are representative of great inconsistency in grading and incorrect grading. The student papers indicated that some children received grades on a particular lesson while other students received no grade at all for the same lesson. One child received a perfect score on a paper, but his paper was completely wrong. Incomplete papers had perfect or satisfactory grades. On a paper where Respondent had marked all the correct answers, she missed some, which would indicate to the child that his answer was wrong when it was not. The grades that these children were receiving were inconsistent with their performance. On some papers, Respondent failed to indicate to the students what needed to be corrected or worked upon. There was also inconsistency in grading symbols. On some papers, a checkmark meant "correct," while on others it indicated a wrong response. There were indications of busy work in the folders. Some papers indicated that the children were given written work to do on unlined paper, which is inappropriate for kindergarten children who need to develop their motor skills. Some of the student papers did not have dates on them. Dates are needed to substantiate grades that are given for a particular marking period. The work folders indicated that "Erika" was working with the developmental group, even though she is listed on Respondent's PREP roster as an "enrichment" child. During the school year, Respondent had changes Erika's PREP strategy from enrichment to developmental and had documented that in her lesson
plan book; however, Respondent admitted that she did not change the level on her PREP roster. Previously, Respondent had told Herrman that she worked directly from her PREP roster. While it is acceptable for a teacher to use teacher judgment to change the strategies of children, there must be appropriate documentation. If the PREP roster reflects that the teacher has enrichment children, there must be a different kind of activity going on in the classroom for those children.
Respondent was suspended from employment on March 16, 1983, and Respondent's class was taught by a substitute teacher for the remainder of that school year. Under the substitute teacher, there was a great change in the classroom. The children were working on task. Even a child who was a hyperactive discipline problem was working on task--not perfectly, but on task. The disruptions to the teacher were almost totally dismissed by her organization methods. There was a change in atmosphere in the room, and the curriculum was implemented by the new teacher.
The substitute had to be given a lot of help by Porzio because of the state the classroom was in upon Respondent's suspension. The papers that were found in the children's folders had grades on them, but they were not graded correctly. The grades did not match the work on the paper, and therefore the grade book was not representative of the children's achievement. The children had to be organized into groups. Some of the children were given assignments that they had been given earlier in the year; since they had not received the basic skills, the substitute was required to go back to fill in these deficiencies. Some of the lessons which had been given earlier may not have been appropriate for the children at the time they were given, and therefore the children were given some of the same assignments over again because they were more appropriate to what the children were now doing.
During the 1981-82 and the 1982-83 school years, Respondent was unable or unwilling to communicate with and relate to the children in her classroom to such an extent that those children were deprived of minimum educational experience.
Respondent is incompetent to teach and to perform her duties as an employee of the Dade County Public School system.
Respondent has been either unwilling or unable to implement the directives given to her by her superiors for attaining acceptable teaching methods and procedures and for complying with the Policies of the School Board of Dade County. The prescriptions given to Respondent by Kennedy, Herrman, Gold, Porzio, and Adside are not merely suggestions but rather are
mandates. Further, those prescriptions were reasonable and given by persons with proper authority. A continual noncompliance with repeated Prescriptions and a continual, or at least repeated, failure to comply with school board policies constitutes gross insubordination.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has over the subject matter and the parties hereto. Section 120.57(1), Florida Statutes (1981).
The Amended Specific Notice of Charges in this cause alleges that Respondent is guilty of violating Section 231.36(4)(c), Florida Statutes (1982 Supp.), in that she is guilty of misconduct in office, incompetency, and gross insubordination. In their prehearing stipulation, the parties have stipulated (and the Amended Specific Notice of Charged alleges) that the definitions in Section 6B-4.09(1), (3) and (4), Florida Administrative Code, are applicable in this cause. Section 6B-
sets forth the criteria for suspension and dismissal of instructional personnel:
Incompetency is defined as inability or lack of fitness to discharge the required duty as a result of inefficiency or incapacity.
(a) Inefficiency: (1)
repeated failure to perform duties prescribed by law (Section 231.09, Florida Statutes); (2) repeated failure on the part of a teacher to communicate with and relate to children in the classroom, to such an extent that pupils are deprived of minimum educational experience;
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.
Gross insubordination or willful neglect of duties is defined as a constant or continuing intentional refusal to obey a direct order, rea- sonable in nature, and given by and with proper authority.
Further, Section 231.09, Florida Statutes (1982 Supp.), provides that instructional personnel of the public school system are
required, inter alia, to teach efficiently and faithfully, use prescribed materials and methods, and keep records.
Petitioner has clearly met its burden of proving that Respondent is incompetent within the definition of Section 6B- 4.09, Florida Administrative Code. Respondent has continuously and repeatedly failed to use the materials and methods prescribed by state law, by policy of the School Board of Dade County, and by her superiors. She has consistently failed to comply with the record-keeping requirements of the law. She has repeatedly failed to communicate with and relate to the children in her classroom to such an extent that those children were deprived of the minimum educational experience while Respondent was in charge of that classroom of children.
Petitioner has sustained its burden of proving that Respondent is guilty of misconduct in office. Respondent's repeated usage of corporal punishment on kindergarten students after having been directly ordered to cease from using that form of classroom management constitutes misconduct in office. The ramifications of administering corporal punishment to the students are so serious that Respondent's effectiveness in the school system has become impaired.
The recommendations given to Respondent by Principal Kennedy, Principal Herrman, Assistant Principal Gold, Assistant Principal Porzio, PREP Specialist Fulton, and Area Director Adside here reasonable, were direct, and were given by and with proper authority. Respondent's continued refusal to consistently comply with any recommendation made by any of these persons over the course of even a single school year can only constitute intentional refusal to obey those directives. Whether Respondent was unwilling to comply with those directives or unable to comply with those directives makes little difference. Despite orders given to her, she continued to rely on corporal punishment, she continued to refuse to divide her students into appropriate groups, and she continued to refuse to even grade her students' papers properly and record grades in a grade book. Clearly, Petitioner had met its burden of proving that Respondent is guilty of gross insubordination.
Based on the foregoing Findings of Fact and Conclusions of Law, it is
RECOMMENDED that a Final Order be entered finding Respondent guilty of the allegations contained in the Amended Specific Notice of Charges filed against her, affirming the suspension of Respondent from employment, dismissing Respondent from her
employment as a teacher with the School Board of Dade County, Florida, and denying Respondent's claim for back pay.
DONE and RECOMMENDED this 6th day of February, 1984, in Tallahassee, Leon County, Florida.
LINDA M. RIGOT
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 6th day of February, 1984.
COPIES FURNISHED:
Madelyn P. Schere, Esquire 1410 Northeast Second Avenue, Suite 200
Miami, Florida 33132
Patricia Williams, Esquire 18583 Northwest 27th Avenue Miami, Florida 33056
Dr. Leonard Brittonp Superintendent of Schools Dade County Public Schools 1410 NE Second Avenue Miami, Florida 33132
| Issue Date | Proceedings |
|---|---|
| Jun. 08, 1990 | Final Order filed. |
| Feb. 06, 1984 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Mar. 07, 1984 | Agency Final Order | |
| Feb. 06, 1984 | Recommended Order | Affirm suspension and dismiss Respondent from teaching for misconduct, incompetency and gross insubordination. |
DADE COUNTY SCHOOL BOARD vs. DELORES CRUMIEL, 83-000926 (1983)
DR. TONY BENNETT, AS COMMISSIONER OF EDUCATION vs ROXIE POWELL, 83-000926 (1983)
RALPH D. TURLINGTON, COMMISSIONER OF EDUCATION vs. DAISY MYERS, 83-000926 (1983)
DADE COUNTY SCHOOL BOARD vs. ANNA M. BREWER, 83-000926 (1983)
PAM STEWART, AS COMMISSIONER OF EDUCATION vs KAREN ROSALIE SCHIEFLER, 83-000926 (1983)
