STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY CASTOR, as Commissioner of ) Education, )

)

Petitioner, )

)

vs. ) CASE NO. 91-6592

)

RICHARD E. SCHRIER, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter was heard by William R. Dorsey, Jr., the Hearing Officer designated by the Division of Administrative Hearings, on May 20, 1992, in West Palm Beach, Florida.

APPEARANCES

For Petitioner: Margaret E. O'Sullivan, Esquire

352 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

For Respondent: Richard E. Schrier

(No appearance) STATEMENT OF THE ISSUES

The issue is whether the teaching certificate of Mr. Richard Schrier should be disciplined for intentionally exposing students to unnecessary embarrassment or disparagement, failing to protect students from conditions harmful to learning, health or safety, and for violating rules of the State Board of Education.

PRELIMINARY STATEMENT

The Commissioner of Education filed a three-count complaint against Mr.

Schrier on July 24, 1991. Mr. Schrier denied the allegations of the complaint and requested a formal hearing. The matter was transferred to the Division of Administrative Hearings. Counsel for Mr. Schrier was permitted to withdraw on February 20, 1992. This matter was first set to be heard on May 19, 1992, but the hearing was thereafter reset for May 20, 1992, in a Notice of Hearing dated April 28, 1992. At the time appointed for the hearing Mr. Schrier failed to appear. Mr. Schrier has not contacted the Division of Administrative Hearings since the hearing date. During the hearing the Commissioner of Education offered into evidence a letter written to Mr. Schrier by the Principal of Palm Beach Lakes Community High School on October 10, 1988, a letter written to Mr. Schrier by the Superintendent of Schools for the School Board of Palm Beach County on January 16, 1991, and a copy of an article which appeared in the Palm

Beach Post concerning Mr. Schrier. Witnesses for the Commissioner of Education included the Vice Principal of Palm Beach Lakes Community High School, Glen Heyward; the Assistant Superintendent for Personnel, Calvin Taylor; and students from the school, Tara Arnold, Kelly Warrender, and Cory Tipton. No proposed recommended orders were filed and no transcript of the hearing was prepared.

FINDINGS OF FACT

1. Mr. Schrier holds a Florida teaching certificate, No. 586600, which is valid through June 30, 1992, and covers the areas of drivers education, social studies, history, and physical education.

   
   

2. Mr. Schrier was employed as a teacher at Palm Beach Lakes Community High School beginning in 1988 by the School Board of Palm Beach County.

   
   

3. On September 29, 1988, a newly registered student was assigned to a world history class taught by Mr. Schrier and was given a note to take to Mr. Schrier explaining that she would be an additional student in the class. Mr. Schrier refused to admit the black female student to his class saying that his class was already too large. The student came back to the school office and she was sent back with another note instructing Mr. Schrier to admit the student, but he once again refused. On the third occasion, the student was accompanied to Mr. Schrier's class by the Vice Principal, Glen Heyward, and once again, Mr. Schrier, in the presence of the student, refused to admit the student to the class on the grounds that he already had too many students and that there were too many black students already in the class. All the students heard these comments, which were wholly inappropriate. Eventually the student was assigned to another class, which was already larger than Mr. Schrier's class. His comments had made it untenable for that student to be assigned to Mr. Schrier's class. As the result of the incident, Mr. Schrier received a written reprimand from the Principal of Palm Beach Lakes Community High School on October 10, 1988.

   
   

4. Mr. Schrier had a history of difficulty in controlling the conduct of students in his class. It was common for students to be eating, talking or engaged in other acts of misbehavior while he was attempting to teach.

   
   

5. On about October 31, 1990, during Mr. Schrier's second period world history class, a number of students were failing to pay attention or otherwise misbehaving and, in general, the class was loud and unruly. In the course of attempting to restore order, Mr. Schrier said to this integrated class that the black students should act like white students. All students had been unruly and it was simply not true that the black students were the only students misbehaving. This comment upset both the black students and the white students and they began to wad paper and throw it at him and to yell at him, which caused him to panic and to push a buzzer to summon the deans from the school office. The deans attempted to restore order and Mr. Schrier was unable to complete that class.

   
   

6. Parents of both black and white students learned of the incident and objected to their children being taught by Mr. Schrier on account of his inappropriate racial remark. Black students in his class were both embarrassed and angry about his disparaging comment.

   
   

7. As a result of disciplinary action taken against him by the School Board of Palm Beach County, Mr. Schrier's actions became generally known in the community through a story which appeared in the Palm Beach Post.

8. It is inappropriate for a teacher to tell black students to act like white students. Discipline is imposed on the basis of misconduct, not on the basis of race. Mr. Schrier's statement embarrassed and disparaged the students and created a poor learning environment.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over this matter. Section 120.57(1), Florida Statutes (1991).

   
   

10. The comments made by Mr. Schrier to the single female student in 1988 and to his second period world history class on October 31, 1990, exposed students to conditions harmful to learning in that they created a poor learning environment. It became impossible for the black female student to be placed in Mr. Schrier's class and Mr. Schrier was unable to complete his second period class on October 31, 1990, as a result of the reaction of his students, and he lost the respect of students. He was responsible for creating conditions harmful to learning," in violation of Rule 6B-1.006(3)(a), Florida Administrative Code.

    
    

11. The actions of Mr. Schrier also intentionally exposed black students to "unnecessary embarrassment or disparagement," in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code. By violating the two provisions of the Administrative Code, which had been adopted by the State Board of Education, Mr. Schrier also was guilty of a violation of Section 231.28(1)(h), Florida Statutes (1987). Teachers are subject to discipline, including revocation of their certificates, for failure to comply with the Principles of Professional Conduct for the Education Profession in Florida codified in Rule 6B-1.006(2). See Rule 6B-1.006(1), Florida Administrative Code.

    
    

12. The three counts of the Administrative Complaint filed by the Commissioner of Education have been sustained.

    
    

13. The Commissioner of Education has argued that the appropriate penalty in this matter is the issuance of a letter of reprimand, the imposition of a

    $500 fine, and placing Mr. Schrier on two years probation, with the requirement that during that time he take course work in classroom management and cultural awareness. These all appear to be appropriate penalties.

    
    

    RECOMMENDATION

    
    

    Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent, Richard Schrier, be found guilty of violating Section 231.28(1)(h), Florida Statutes, and Rules 6B-1.006(3)(a) and 6B- 1.006(3)(e), Florida Administrative Code. It is further recommended that the Education Practices Commission issue a letter of reprimand to the Respondent, impose an administrative fine of $500 and that the Respondent shall be placed on two years probation with the Education Practices Commission. The terms of the probation shall include the requirement that the Respondent:

    
    

    1. Shall immediately contact the Education Practices Commission upon any reemployment in the teaching profession within the State of Florida, indicating the name and address of the school at which he is employed, as well as the name, address and telephone number of his immediate supervisor.

    2. Shall make arrangements for his immediate supervisor to provide the Education Practices Commission with quarterly reports of his performance, including, but not limited to, compliance with school rules and school district regulations and any disciplinary actions imposed upon the Respondent.

    3. Shall make arrangements for his immediate supervisor to provide the Education Practices Commission with a true and accurate copy of each written performance evaluation prepared by his supervisor, within ten days of its issuance.

    4. Shall satisfactorily perform his assigned duties in a competent professional manner.

    5. Shall violate no law and shall fully comply with all district and school board regulations, school rules, and State Board of Education Rule 6B-1.006.

    6. During the period of probation shall successfully complete two college courses or the equivalent in- service training courses in the areas of cultural awareness and classroom management, with progress and completion to be monitored by the Education Practices Commission.

RECOMMENDED in Tallahassee, Leon County, Florida, this 5th day of June 1992.

WILLIAM R. DORSEY, JR.

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 5th day of June 1992.

COPIES FURNISHED:

Margaret E. O'Sullivan, Esquire Professional Practices Services

352 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

Mr. Richard E. Schrier Apartment 116

500 North Congress Avenue

West Palm Beach, Florida 33401

Karen Barr Wilde Executive Director

301 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

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

Tallahassee, Florida 32399-0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

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AGENCY FINAL ORDER

=================================================================

Before the Education Practices Commission of the State of Florida

BETTY CASTOR, as

Commissioner of Education,

Petitioner,

vs. EPC CASE NO. 91-153-RT

DOAH CASE NO. 91-6592

RICHARD E. SCHRIER, EPC INDEX NO. 92-032-S

Respondent.

/

Final Order

Respondent, RICHARD E. SCHRIER, holds Florida educator's certificate no.

586600. Petitioner filed an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate.

Respondent requested a formal hearing which was held before a hearing officer of the Division of Administrative Hearings. A Recommended Order was

forwarded to the Commission pursuant to Section 120.57(1), F.S., which is attached to and made a part of this Order.

A panel of the Education Practices Commission (EPC) met on October 1, 1992, in Tampa Florida, to take final agency action. Petitioner was represented by Margaret O'Sullivan, Attorney at Law; Respondent was neither present nor represented by counsel. The panel has reviewed the entire record in the case.

Respondent's motion to re-open the formal hearing before the Division of Administrative Hearings was denied.

The panel adopts the Findings of Fact and Conclusions of Law and Recommendation of the Recommended Order with the amendment in the recommended penalty that 45 hours in community service in an African-American community be an acceptable alternative to completion of a college level course in cultural awareness which was stated in the Recommended Order, which is part of the record, because many geographical areas in which Respondent may teach would not have courses available in cultural awareness. Wherefore, it is ORDERED that Respondent be issued a Letter of Reprimand for those violations he has been found guilty of in this Order, that Respondent pay a $500 civil penalty to the Department of Education within 30 days of the effective date of this Order, and that 1) Respondent serve a two year period of probation commencing on employment as a Florida educator after the effective date of this Order and continuing for the following two years of such employment. The conditions of probation shall be that Respondent arrange for his immediate supervisor to submit performance reports to the EPC at least every three months, and that 2) Respondent complete two college level courses in cultural awareness and classroom management, or alternatively complete 45 hours of community service in an African-American community and complete one course in classroom management.

This Order takes effect upon filing.

This Order may be appealed by filing notices of appeal and a filing fee, as set out in Section 120.68(2), F.S., and Florida Rule of Appellate Procedure 9.110(b) and (c), within 30 days of the date of filing.

DONE AND ORDERED, this 30th day of October, 1992.

COPIES FURNISHED TO:

Jerry Moore, Program Director Professional Practices Services GREG DICK, Presiding Officer

Daniel Bosanko, Esquire I HEREBY CERTIFY that a copy of the Attorney General's Office foregoing Order in the matter of

BC vs. Richard E. Schrier was mailed Sydney McKenzie, III to Richard E. Schrier, 4201 Dade Dr.,

General Counsel Englewood, Colorado 80111, this 6th of November 1992, by U. S. Mail

Florida Admin. Law Reports

Dr. C. Monica Uhlhorn, Supt. Palm Beach County Schools

3340 Forest Hill Blvd. West Palm Beach, FL 33406-5869 KAREN B. WILDE, Clerk

Calvin Taylor, Asst. Supt. Division of Personnel Relations Palm Beach County Schools

William R. Dorsey, Jr., Hearing Officer Division of Admin. Hearings

The DeSoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

Margaret O'Sullivan, Esquire Department of Education 1701, The Capitol

Tallahassee, Florida 32399

Richard E. Schrier - reg. and cert.

Docket for Case No: 91-006592

Orders for Case No: 91-006592