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