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PALM BEACH COUNTY SCHOOL BOARD vs CHERYL UNWIN, 00-001866 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001866 Visitors: 32
Petitioner: PALM BEACH COUNTY SCHOOL BOARD
Respondent: CHERYL UNWIN
Judges: ERROL H. POWELL
Agency: County School Boards
Locations: West Palm Beach, Florida
Filed: May 02, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 25, 2000.

Latest Update: Dec. 25, 2024
Received Event (Event Succeeded) Time: 4:4¢ Duration: 2 min 56 sec Date: 5/2/00 Pages: WW : S"--"" 95/02/2088 15:36 -561-3577699 LEGAL SERVICES "PAGE 3 _ STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS Dr. H. BENJAMIN MARLIN . Superintendent of Schools The School Board of Palin Beach County, Florida vs. CHERYL UNWIN, ) ) ) } ) ) ) ) Respondent. | ) / DMINISTRATIVE COMPLAI Dr. H. Benjamin Marlin, Superintendent of Schools of the Schoo! Board of Palm Beach County, Florida, pursuant to the due process provisions of Sections 231.29, 231.36, and Sections 120.569, 120.57, 230,23(5)(f), and 230.33(7)(e), Florida Statutes files this Administrative Complaint for dismissal from employment, of Respondent, Cheryl Unwin, from the School Board of Palm Beach County, Florida, for failure to satisfactorily correct her performance deficiencies sufficiently to warrant an acceptable evaluation at the end of her “Performance Probation” pursuant to Sections 231.29 and 231 .36, Florida Statutes, Page 1 of 6 Received Event (Event Succeeded) Date: 5/2/00 / . Time: 4:4 BE Pages: 11 Duration: 2 min 56 sec _ JS 25/62/2008 15:36 561-3577699 LEGAL SERVICES PAGE a4 | I. {CTl LBA 1. The agency is the School Board of Palm Beach County, Florida, located at: . 3340 Forest Hill Boulevard West Palm Beach, Florida 33406-5869 Attn: Board Secretary 2. Petitioner, Dr. H. Benjamin Marlin, is the duly appointed Superintendent of Schools of the Schoo! Board of Palm Beach County, Florida. The address of the Petitioner is: Superintendent of Schools School Board of Palm Beach County c/o Cynthia $. Prettyman, Esq. 3318 Forest Hill Blvd., C-302 West Palm Beach, FL 33406-5813 3. Petitioner has the statutory responsibility and obligation to recommend the placement of school personnel and to require compliance and observance by all personnel of all laws, policies and directives, Pursuant to Section 230.33 (7e) Florida Statutes, Petitioner has the authority to recommend to the School Board of Palm Beach County, Florida, that any school district employee be suspended or dismissed from employment. — A, Respondent is a teacher employed by the School Board of Palm Beach County, Florida, Respondent holds a Professional Services Contract. 5. The last known address of Respondent is 114 Bobwhite Road, Royal Palm Beach, Florida 33411. Page 2 of 6 4 Received Event (Event Succeeded) Date: 5/2/00 Time: 4:417™4 Pages: © 11 : ; Duration: 2 min 56 sec S--""" os/e2/2008 18:36 561-3577699 LEGAL SERVICES PAGE 5 6 On March 9, 2000, the Respondent was duly notified by the Superintendent that he planned to recommend to the School Board of Palm Beach County, Florida that 7 the Respondent be suspended without pay and dismissed from employment. The letter was hand-delivered on March 9, 2000, to Respondent. iM INISTRATIVE CE Petitioner, Dr, H. Benjamin Marlin, alleges as follows: 7 The Respondent is a classroom teacher at H, L. johnson Elementary School in Royal Palm Beach, Florida, for the 1999/00 school year, An agency determination that the allegations in this Petition are true will result in the termination of the Respondent’s Professional Services Contract. 8, The Respondent has been employed as a classroom teacher with the Palm Beach County School District since the 1984/85 school year. The Respondent, received a Professional Services contract in the 1989/90 school year. 9, On December 14, 1998, Respondent was advised of teaching deficiencies and placed on a Schoo! Site Assistance Plan for improvement. 10. School Site Assistance was provided by Site staff, a Palm Beach Atlantic College Professor, Area Instructional Support Specialist, Professional Standards Specialist, and a Peer Assistance and Review (PAR) consu ting teacher. 11. As part of the School Site Assistance provided Respondent, she attended the . following Workshops and Seminars: Page 3 of 6¢ “ i Received Event (Event Succeeded) Date: Pages: $---*- 5/2/00, Time: 44° ON “44 Duration: 2 min 56 sec @5/02/2008 15:36 561-3577699 LEGAL SERVICES PAGE . A. Instructional Organization & Development of Subject Matter and Planning on November 23, 1998. B. Management of Student Conduct on December 1, 1998. C. February 18, 1999, "Classroom Discipline.” D. February 24, 1999, "We Can't Change the Weather but we éan Change the Climate.” : E. February 25, 1999, “Managing Very Disruptive Students”, F. March 4, 1999, "Understanding Integrating Management of Student Conduct.” . G. March 11, 1999, “The CTAS.” 12. Pursuant to the School District of Palm Beach Classroom Teacher Assessment System ("CTAS”), a Deficiency Hearing was held on June 4, 1999, at Respondent's request. As a result, Respondent was placed back on a School Site Assistance Plan for an additional thirty (30) days, effective August 9, 1999, and intensive support and assistance continued during the additional School Site Assistance Plan. 13. On October 6, 1999, Respondent's Principal rated Respondent deficient in five (5) areas on Respondent's evaluation. The deficient areas noted in Respondent's Performance Evaluation dated October 6, 1999, included: A. Management of student conduct B. Instructional organization and development C. Presentation of subject matter D. Communication: verbal and nonverbal E. Establishes an appropriate classroom climate. 14. On October 14, 1999, pursuant to Section 231.29, Florida Statutes, Respondent was advised of her teaching deficiencies and placed on “Performance Probation,” and a District Assistance Plan for improvement. The District Assistance Plan extended from October 15, 1999, through February 18, 1999. Page 4 of 6 Received Event (Event Succeeded) , Date: 5/2/00 + ; Time: 4a: ‘A : Pages: 11 Duration: 2 min 56 sec 5” 9s/e2/2008° 15:36 —561-3577699 LEGAL SERVICES PAGE 97 i i i 15. As part of continuing Assistance provided Respondent, she received assistance from Site staff, a Palm Beach Atlantic College Professor, Area Instructional Support Specialist, Professional Standards Specialist, Curriculum Program Planner, and a Peer Assistance and Review (PAR) consulting teacher. tn addition she attended the following Workshops and Seminars: A. August 25, 1999, “Management of Student Conduct.” B. November 10, 1999, “Instructional Strategies to improve Student Achievement." C. November 16, 1999, “Strategies to improve Student Achievement.” D. November 22, 1999, “Management of Student Conduct.” 16. Pursuant to Respondent's request, she was transferred to H.L. Johnson Elementary School effective November 19, 1999. Respondent continued to receive assistance and continued her “Performance Probation” at H.L. Johnson Elementary School. 17: On February 17, 2000, Respondent's Principal evaluated Respondent and rated Respondent with concerns in the same five areas that she had rated as concerns when she evaluated Respondent at the beginning of Respondent's Fla. Stat. §231.29 “Performance Probation” (October 6, 1999) including: A. Management of student conduct B. Instructional organization and development C. Presentation of subject matter D. Communication: verbal and nonverbal E. Establishes an appropriate classroom climate. - Page Sof 6€ | Received Event (Event Succeeded) j Date: — 5/2/00 ; . Time: aa A : Pages: = 11 : Duration: 2 min 56 sec _ S°-" 5/e272eed" 15:38 561-3577699 "LEGAL SERVICES PAGE 98 | j 18. Respondent's Fla. Stat. § 231.29 “Performance Probation” ended on February 18; 2000, with Respondent failing to correct her performance deficiencies sufficiently to warrant a satisfactory evaluation. 19. Respondent's performance, having continued to be unsatisfactory, the Superintendent recommends termination of Respondent's employment in accordance with the requirements of Sections 231.29 and 231.36 Florida Statutes, j i EMA OR RELI . WHEREFORE, Petitioner, Dr. H. Benjamin Marlin, Superintendent of Schools, recommends that the School Board of Palm Beach County, Florida, terminate Respondent’s employment effective upon the expiration of fifteen (15) days subsequent to the April 12, 2000, Board Meeting. EXECUTED this igr day of Nilay , 2000. SUPERINTENDENT j Page 6 of 6

Docket for Case No: 00-001866
Issue Date Proceedings
Jul. 25, 2000 Order Closing File sent out. CASE CLOSED.
Jul. 06, 2000 Notice of Dismissal (Respondent) filed.
Jun. 27, 2000 Notice of Appearance (W. Reitz, filed by via facsimile) filed.
Jun. 05, 2000 Order Granting Continuance and Re-Scheduling Hearing sent out. (hearing set for November 13 through 17, 2000; 9:00 a.m.; West Palm Beach, FL)
May 31, 2000 Respondent`s Unopposed Motion to Reschedule Hearing filed.
May 30, 2000 Order of Pre-Hearing Instructions sent out.
May 30, 2000 Notice of Hearing sent out. (hearing set for October 23 through 27, 2000; 9:00 a.m.; West Palm Beach, FL)
May 12, 2000 Joint Response to Initial Order filed.
May 08, 2000 Initial Order issued.
May 02, 2000 Request for Hearing filed.
May 02, 2000 Administrative Complaint filed.
May 02, 2000 Agency Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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