STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF PINELLAS COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 89-4202

)

LLOYD CROSSMAN, )

)

Respondent. )

)

RECOMMENDED ORDER

Prior to the commencement of the hearing scheduled for September 27, 1989, the parties waived formal hearing, presented a stipulation of the facts, and requested this Recommended Order be submitted on the facts so stipulated.

APPEARANCES

For Petitioner: Bruce Taylor, Esquire

Post Office Box 4688 Clearwater, Florida 34618-4688

For Respondent: Robert F. McKee, Esquire

Post Office Box 75638 Tampa, Florida 33675-0638

STATEMENT OF THE ISSUES

Whether revocation of Respondent's state certification requires his dismissal by the Pinellas County School Board and, if so, has Respondents' certificate been revoked for these purposes by the Education Practices Commission.

PRELIMINARY STATEMENT

Following receipt of information that the Education Practices Commission (EPC) had revoked Lloyd Crossman's, Respondent's, teaching certificate for a period of three years, the Superintendent of Schools in Pinellas County, by letter dated July 25, 1989, advised Respondent that he would recommend to the School Board that Respondent be dismissed as a Pinellas County School Board employee. Grounds given for such recommendation was that Respondent's teaching certificate had been revoked by the EPC. Respondent, by letter from his counsel dated August 1, 1989, requested a formal hearing to contest this action. The matter was referred to the Division of Administrative Hearings, and the case was scheduled to be heard September 27, 1989.

By letter dated September 21, 1989, the parties waived formal proceedings, stipulated to all relevant facts, and requested a Recommended Order be submitted based on those stipulated facts. The stipulation is attached hereto as Exhibit #1.

FINDINGS OF FACT

1. At all times relevant hereto Respondent was employed on the instructional staff of the Pinellas County School system under a Professional Services Contract.

   
   

2. On October 23, 1985, Respondent was issued a Florida Department of Education Teacher's Certificate valid through June 30, 1990.

   
   

3. By Administrative Complaint dated October 31, 1988, the Commissioner of Education alleged Respondent violated Sections 231.28 (1)(a), (c), (e), (h), and (2), Florida Statutes, and Rule 6B-1.006(5)(a), (f), (g), and (h), Florida Administrative Code. These allegations constitute grounds for revocation of Respondent's certificate.

   
   

4. Respondent waived formal hearing, and requested informal proceedings before the EPC. These informal proceedings resulted in a Final Order filed February 17, 1989 in which Respondent's teaching certificate was revoked for three years.

   
   

5. The action of the EPC was announced orally at the informal hearing on January 26, 1989, and on February 3, 1989, Respondent filed a Motion to Rescind Election of Rights previously waiving formal proceedings and to set aside agency action.

   
   

6. On February 22, 1989, Respondent filed a motion with EPC for a stay pending final review in which he requested the action of the EPC revoking his certificate be stayed pending action by the EPC on his February 3rd motion.

   
   

7. On February 23, 1989, an order was entered by the EPC granting the stay pending reconsideration of the order revoking Respondent's teaching certificate

   
   

8. On May 30, 1989, the EPC entered an order denying Respondent's demand for reconsideration and affirming it's final order revoking Respondent's certificate. An appeal from that order had previously been filed with the Second District Court of Appeals, but jurisdiction of the Court of Appeals had been relinquished to allow the EPC to reconsider.

   
   

9. On July 25, 1989, Respondent filed in the Second District of Appeals a Motion to Stay the revocation of his certificate pending review by the court of his appeal. By order entered August 9, 1989, the Second District Court of Appeals denied the motion to stay the revocation of Respondent's certificate pending appeal of the EPC order.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

    
    

11. Section 231.36(1)(a), Florida Statutes, provides in pertinent part:

    
    

    Each person employed as a member of the instructional staff in any district school system shall be properly certificated...

12. In addition Section 231.15(1), Florida Statutes, provides in part:

    
    

    Each person employed as... teacher,.. or other position in which the employee serves in an instructional capacity, in any public school of any district of this State shall hold the certificate required by law and by rules of the state board in fulfilling the requirements of the law for the type of service rendered.

    
    

13. Finally, Section 231.28, Florida Statutes, provides in pertinent part:

    
    

    The Education Practices Commission shall have authority... to revoke the teaching certificate of any person, thereby denying that person the right to teach for a period of time not to exceed 10 years...

    
    

14. When the EPC revoked Respondent's teaching certificate, Respondent became disqualified for employment on the instructional staff of the Pinellas County School System. Being disqualified for employment, Respondent's dismissal from the instructional staff was mandated by the statutory provisions above cited.

    
    

15. Accordingly, the dismissal of Respondent from the instructional staff of the Pinellas County School System was not only proper, but mandated by statute

    
    

16. From the foregoing it is concluded that Lloyd Crossman's dismissal from the instructional staff of the Pinellas County School System was supported by the evidence and was proper.

RECOMMENDATION

It is recommended that a Final Order be entered dismissing Lloyd Crossman from the instructional staff of the Pinellas County School system.

ENTERED this 13th day of October, 1989, in Tallahassee, Florida.

K.N. AYERS Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 13th day of October, 1989.

COPIES FURNISHED:

Bruce Taylor, Esquire Post Office Box 4688

Clearwater, Florida 34618-4688

Robert F. McKee, Esquire Post Office Box 75638 Tampa, Florida 33675-0638

Dr. Scott N. Rose, Supt. Pinellas County Schools 1960 East Druid Road Clearwater, Florida 33546

Karen Barr Wilde, Exec. Dir. Education Practices Commission

301 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

Martin B. Schapp, Administrator Professional Practices Services

319 West Madison Street, Room 3 Tallahassee, Florida 32399

Sydney H. McKenzie General Counsel The Capitol, PL-08

Tallahassee, Florida 32399-0400

Docket for Case No: 89-004202

Orders for Case No: 89-004202