STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLIE CRIST, )

AS COMMISSIONER OF EDUCATION,1 )

)

Petitioner, )

)

vs. ) Case No. 00-5126PL

)

SHERRY WENDENLAND, )

)

Respondent. )

_______________________________ )

RECOMMENDED ORDER

On April 18, 2001, a formal hearing was held in this case. The authority for conducting the hearing is set forth in Sections 120.569 and 120.57(1), Florida Statutes. The hearing location was Jacksonville, Florida. The hearing was conducted by Charles C. Adams, Administrative Law Judge.

APPEARANCES

For Petitioner: Ron Weaver, Esquire

913 North Gadsden Street Tallahassee, Florida 32301

For Respondent: No appearance.

STATEMENT OF THE ISSUE

Should discipline be imposed against Respondent's Florida Educator's Certificate in accordance with the allegations set forth in the Amended Administrative Complaint, Case No. 989-

3045-C before the State of Florida, Education Practices Commission?

PRELIMINARY STATEMENT

On November 28, 2000, an Amended Administrative Complaint was drawn in which Tom Gallagher, as Commissioner of Education, was named Petitioner, and Sherry Wendenland was named Respondent. This followed a determination by Commissioner Gallagher that probable cause existed to impose sanctions against Respondent's teaching certificate as noticed on November 21, 2000. In turn, Respondent sought a formal hearing to contest the allegations in the Amended Administrative Complaint. On December 26, 2000, the case was received by the Division of Administrative Hearings to conduct that proceeding. The formal hearing was held on the aforementioned date. Respondent did not attend and was not represented at hearing. Through counsel Petitioner proceeded with his proof to support Petitioner's case. The witnesses James Arthur Williams, Sr., and Bobby Dean Powell were called. Petitioner's Exhibits numbered 1 through 3 were admitted.

On May 18, 2001, a hearing transcript was filed with the

Division of Administrative Hearings. On May 29, 2001, Petitioner filed a proposed recommended order which has been considered in preparing the recommended order.

FINDINGS OF FACT

1. Respondent holds a Florida Teaching Certificate.

   
   

2. At times relevant to the inquiry Respondent worked for the Duval County School District as a Media Specialist.

3. As of the hearing date Mr. Bobby Dean Powell had served as the principal for Jefferson Davis Middle School, Duval County School District for approximately eight years. Mr. Powell came to Jefferson Davis Middle School in 1993. Respondent was a Media Specialist when Mr. Powell took the principal's position. Respondent was assigned to Jefferson Davis Middle School in 1988. Principal Powell had supervisory responsibilities for Respondent.

4. As her supervisor Mr. Powell observed Respondent in the performance of her duties as Media Specialist at the middle school. Over the years these observations were made at least twice a year.

5. When Mr. Powell began to observe Respondent her performance was satisfactory. Sometime during the school year 1994-95 Respondent's performance began to deteriorate.

   Mr. Powell observed employee problems related to Respondent. Media equipment was not sorted out. Old equipment was not taken out of circulation. Books were not being sorted properly. Mr. Powell discussed the problems with Respondent who expressed the opinion that she was doing a better than

   average job. She offered excuses for her failings as opposed to recognizing a problem and responding to the problem. For example, the principal felt that the old equipment in the media center was not needed. His opinion was met with the response, "Well, we might need this." In addition, Respondent was having problems with other teachers to the extent that teachers did not want to go to the library. Seven or eight of the faculty wrote notes to Mr. Powell about their concerns with Respondent. Problems existed with students.

   Mr. Powell talked to Respondent on two or three occasions about his concern that Respondent was being "a little too harsh on students." Respondent "would kind of go off if they talked a little bit loud in the library." Respondent was observed to be a little loud, abrasive, and inappropriate.

6. On March 9, 1998, Mr. Powell performed an evaluation of the professional growth of Respondent as a teacher in the Duval County School District. The evaluation pertained to Respondent's position as librarian for Jefferson Davis Middle School. The evaluation was designed to rate Respondent in various competencies. The findings were as follows:

   Key to Ratings:

   S=Satisfactory U=Unsatisfactory

   
   

   COMPETENCY 1: Demonstrates ability to plan and deliver instruction. S U COMMENTS: 'Mrs. Wendenland does not adequately address the needs of the students.'

   
   

   COMPETENCY 2: Demonstrates knowledge of subject matter. S U COMMENTS: 'Mrs. Wendenland has difficulty in planning and organizing the needs of the library.'

   
   

   COMPETENCY 3: Demonstrates ability to utilize appropriate classroom management techniques, including the ability to maintain appropriate discipline. S U

   
   

   COMPETENCY 4: Shows sensitivity to student needs by maintaining positive school environment. S U

   COMMENTS: 'Mrs. Wendenland has difficulty in maintaining rapport with colleagues.'

   
   

   COMPETENCY 5: Demonstrates abilities to evaluate instructional needs of students.

   S U

   
   

   COMPETENCY 6: Demonstrates willingness to assume noninstructional responsibilities.

   S U

   
   

   COMPETENCY 7: Demonstrates a commitment to professional growth. S U COMMENTS: 'Mrs. Wendenland attended workshops and college classes.'

   
   

   COMPETENCY 8: Shows evidence of professional characteristics. S U COMMENTS: 'Mrs. Wendenland has difficulty in making decisions necessary for her position.'

   
   

   OVERALL EVALUATION S U

   
   

   PRINCIPAL'S COMMENTS: 'Mrs. Wendenland does not demonstrate the ability to provide the leadership necessary needed to operate a library.'

   
   

   In summary Respondent was rated unsatisfactory in Competencies 1, 2, 4, and 8, and as to the overall evaluation.

7. The evaluation which Mr. Powell performed was in accordance with standards of the Duval County School District.

8. Respondent was sent to Paxon High School, Duval County School District, following the unsatisfactory evaluation she received while assigned to Jefferson Davis Middle School. Her position with Paxon High School for the school year 1998-99 was as Media Specialist. She was supervised by Mr. James Arthur Williams, Sr., Principal at Paxon.

9. As required by the Duval County School District

   
   

   Mr. Williams developed a success plan for Respondent to assist her in improving her performance. The date of the memorandum identifying the success plan was September 16, 1998. It set forth Respondent's assignments and responsibilities leading up to the concluding evaluation for the school year. The terms of the success plan were as follows:

   SUCCESS PLAN: 1998-99 ASSIGNMENTS AND RESPONSIBILITIES FOR 1999 EVALUATION

   Initial Meeting: 21 August 1998

   
   

   Based on our 21 August 1998 meeting, I am outlining the following specific assignments in the Media Center for which you are responsible and accountable:

   
   

   1. Develop, submit for approval, and implement a formal collection development policy. Using this policy as a guide, submit a complete listing of recommend [sic] titles to be weeded and a detailed prioritized list of titles for purchase in each classification area.

      
      

      Strategies to Meet Objectives:

      Read Information Power, chapter 6.

      Research other professional sources for additional information related to collection development policies.

      Submit policy for approval by 15 October 1998.

      Identify the specific criteria used to determine the status of each item recommended for weeding.

      Identify review sources along with all ordering information for each title recommended for purchase.

      
      

      Support Members Assist: Lana Monk, Sandra McMichael, and James Williams

      
      

      Proposed Completion Date: 5 January 1999 Competency Level of Objectives Met/Not Met: Date of Completion:

   2. Plan, submit for approval, implement, and evaluate the Read to Succeed program for 1998-99 (including quote/saying for marquee by 30 September)

      
      

      Strategies to Meet Objectives:

      Seek input from colleagues regarding possible successful activities.

      Review professional literature as a source for possible activities.

      Submit proposal by 25 September 1998. Include implementation steps, participants,

      responsibilities, and evaluation criteria for each activity.

      Implement and evaluate each activity as planned.

      
      

      Support Members Assist: Lana Monk, Sandra McMichael, and James Williams

      
      

      Proposed Completion Date: 1 March 1999 Competency Level of Objectives Met/Not Met:

      Date of Completion:

      
      

   3. Develop, submit for approval, implement and evaluate three Learning (Media)

      Center goals (two short term and one long term) for 1998-99.

      
      

      Strategies to Meet Objectives:

      Conduct an Informal needs assessment to determine Learning (Media) Center strengths and weaknesses.

      Submit goals on district form by 1 October 1998.

      
      

      Implement and evaluate each goal as planned.

      
      

      Support Members Assist: Lana Monk, Sandra McMichael, and James Williams

      
      

      Proposed Completion Date: 15 March 1999 Competency Level of Objectives Met/Not Met: Date of Completion:

   4. Complete annual Inventory of entire collection following established district procedures.

      
      

      Strategies to Meet Objectives:

      
      

      Review inventory guidelines in Duval County Media Specialist Handbook.

      Review inventory directions in Circulation Plus manuals.

      Conduct complete inventory as directed.

      
      

      Support Members Assist: Lana Monk, Sandra McMichael, and James Williams

      
      

      Proposed Completion Date: 15 March 1999 Competency Level of Objectives Met/Not Met: Date of Completion:

   5. Manage all interlibrary loan transactions, maintain all related records, and submit annual resource sharing report to SUNLINK.

      
      

      Strategies to Meet Objectives:

      Prepare and submit all patron requests for loan from other libraries.

      Prepare and mail all materials requested by patrons at other libraries.

      Notify borrowing libraries of all overdues.

      Retrieve and return all borrowed materials on time.

      Log all interlibrary loan transactions.

      
      

      Support Members Assist: Lana Monk, Sandra McMichael, and James Williams

      
      

      Proposed Completion Date: 15 May 1999 Competency Level of Objectives Met/Not Met: Date of Completion:

   6. Maintain periodical collection:

      • check in and shelve all new periodicals on the day of arrival

        • secure designated periodicals prior to shelving

        • shelve latest issue only of all periodicals on main reading room shelves

        • properly file back issues of periodicals in workroom

        • maintain accurate accounting of all periodical subscriptions, both current and future--report missed issues, early arrival of new titles designated to begin delivery 1 January, and new titles not received as of 1 January

        • publish and maintain current list of all periodical subscriptions

          
          

          Strategies to Meet Objectives:

          
          

          Secure copies of 1998 and 1999 periodical orders.

          Follow all procedures as outlined above.

          
          

          Support Members Assist: Lana Monk, Sandra McMichael, and James Williams

          
          

          Proposed Completion Date: 1 February 1999 Competency Level of Objectives Met/Not Met: Date of Completion:

   7. Maintain video collection:

      • evaluate

      • weed based on consultation with Ms. Monk

      • establish purchase priorities

      • monitor expiration dates on taped programs

      • distribute programming and planning information to teachers monthly

      • maintain taping schedule

      • tape, properly label and shelve requested programs

      • inform teachers of completion of requested tapings

      • publish and maintain current annotated listing of videos by department

      
      

      Strategies to Meet Objectives:

      Follow all procedures as outlined above.

      
      

      Support Members Assist: Lana Monk, Sandra McMichael, and James Williams

      
      

      Proposed Completion Date: 15 March 1999 Competency Level of Objectives Met/Not Met: Date of Completion:

   8. Plan at least three research units with teachers and instruct and assist students and teachers in locating and effectively using appropriate media resources, including databases and communication technologies.

      Strategies To Meet Objectives:

      
      

      Use manuals, tutorials, and hands-on to become comfortably familiar with all resources in the collection.

      Read The Skillful Teacher, chapter 8. Complete a lesson plan for the instructional portions of each research unit.

      Submit lesson plans to Dr. Williams at least three days in advance of all instruction dates.

      
      

      Support Members Assist: Lana Monk, Sandra McMichael, and James Williams

      
      

      Proposed Completion Date: 15 March 1999 Competency Level of Objectives Me/Not Met: Date of Completion:

   9. Use appropriate communication skills that evidence sensitivity to students' needs and maintain rapport with teachers.

      
      

      Strategies To Meet Objectives:

      
      

      Read The Skillful Teacher, chapter 5

      
      

      Support Members Assist: Lana Monk, Sandra McMichael, and James Williams

      
      

      Proposed Completion Date:

      
      

      Competency Level of Objectives Met/Not Met: Date of Completion:

   10. Use sound judgement in making professional decisions.

       
       

       In addition, I expect you to adhere to all district guidelines pertaining to Media Specialists' responsibility for the daily operation and maintenance of the Media Center.

       All of the listed tasks are within the knowledge base of your certification. If there are tasks for which you feel less prepared, please let me know. I will either provide mentoring for you or refer you to course work at a local post- secondary institute. You, Ms. Monk, and I will meet monthly to answer your questions and assess your progress.

       
       

10. Mr. Williams went over the details of the plan with Respondent in the course of a meeting conducted on

    September 16, 1998. Subsequent to the meeting, Respondent signed the success plan. The success plan became the guidance for Respondent's performance of her duties during the school year.

11. In addition to the preparation of the success plan and the initial meeting concerning that plan, Mr. Williams had occasion to observe Respondent in performing her duties at Paxon. Measured against the expectations of the success plan, Mr. Williams observed Respondent's performance to be unsatisfactory. In particular, Respondent did not properly institute a collection policy in the media center. Respondent failed to meet the standards of someone who was certified as a Media Specialist. Respondent did not know how to perform a collection policy. Respondent did not carry out the assignment of looking at the present collection of items in the media center, analyzing those items, weeding out old books, and ordering new books.

12. On March 12, 1999, Mr. Williams performed the evaluation of professional growth of Librarian/Media Specialist in relation to Respondent. This was a function of the Duval County School District. Through this evaluation Mr. Williams determined that Respondent's overall competency was unsatisfactory premised upon unsatisfactory ratings in relation to a number of discrete competencies measured by the evaluation. Those findings were as follows:

    Key to Ratings:

    S=Satisfactory U=Unsatisfactory

    
    

    Competency 1: Manages Media Program

    S U

    Comments: 'Knowledge level unsatisfactory.'

    
    

    Competency 2: Develops and manages collection S U

    Comments: 'Does not manage collection without hands on guidance.'

    
    

    Competency 3: Manages instruction cooperatively with faculty S U Comments: 'Only on one occasion asked teacher if she could help incoming class.'

    
    

    Competency 4: Shows sensitivity to student needs by maintaining a positive school environment S U

    Comments: 'Borderline - infrequently asks students how she can help.'

    
    

    Competency 5: Demonstrates ability to impact student instruction S U Comments: 'See comments above'

    
    

    Competency 6: Demonstrates ability to communicate with Parents S U

    Competency 7: Demonstrates willingness to assume Non-instructional responsibilities

    S U

    
    

    Competency 8: Demonstrates a commitment to professional growth S U Comments: 'Has worked very hard to improve.'

    
    

    Competency 9: Shows evidence of professional characteristics S U

    
    

    Overall Evaluation: S U

    
    

13. Pertaining to Competency 2, Mr. Williams described how Respondent was unable to manage the collection of books without someone helping her to do so.

14. In relation to Competency 3, Mr. Williams explained that a Media Specialist works with a teacher coming into the library to set aside a set of books the teacher can use with his or her class. In the one instance where Respondent helped an incoming class it was at the prompting of the teacher rather than Respondent laying out the materials.

15. While in the media center, Mr. Williams observed Respondent seated at her desk seemingly oblivious to anything going on around her at a time when students were looking for help in using the media center materials. Several times Mr. Williams observed Respondent asleep at her desk in the media center, to which Respondent replied "I wasn't asleep I was just resting my eyes or just had my head down for a few minutes." Mr. Williams noted that the relationship between

    Respondent and the students who came to the media center was non-existent.

16. Mr. Williams observed that at times Respondent was almost lethargic, and at other times if he asked her a question or said something to her Respondent would be almost belligerent.

17. As a result of the second unsatisfactory evaluation following reassignment to a new school Respondent retired from employment with the Duval County School District.

    CONCLUSIONS OF LAW

    
    

18. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties pursuant to Sections 120.569 and 120.57(1), Florida Statutes.

19. Petitioner intends to impose discipline against Respondent for alleged violations of laws pertaining to Respondent's Florida Teaching Certificate. The allegations are contained in the Amended Administrative Complaint, Case No. 989-3045-C. To prevail in the intent to discipline Respondent the proof presented at hearing must be clear and convincing that the violations occurred. Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987).

20. The material allegations in the complaint state:

    
    

    1. During the 1997-1998 school year, Respondent performed in an incompetent manner when she failed to: properly plan and deliver instruction to her class; did

       not have adequate knowledge of the subject material; failed to show sensitivity to the needs of the students by maintaining a positive school environment and; failed to act in a professional manner. On or about March 8, 1998, Respondent received an annual performance evaluation of 'unsatisfactory' from her school principal.

       
       

    2. During the 1998-1999 school year, Respondent performed in an incompetent manner when she: failed to manage the educational media properly; failed to managed [sic] the media collection properly; failed to manage instruction in a cooperative manner with the faculty; failed to maintain a positive learning environment for students; failed to assist student [sic] and failed to properly communicate with parents. On or about March 12, 1999, Respondent received an overall unsatisfactory annual performance evaluation. On or about May 19, 1999, Respondent was informed she would be recommended for discharge as a teacher for professional incompetence. On June 15, 1999, Respondent retired from teaching.

       
       

    3. Because Respondent has received two consecutive unsatisfactory evaluations showing unsatisfactory teaching performance she is incompetent to teach in the State of Florida.

    
    

21. The complaint accuses Respondent of the following statutory violations:

    Count 1: The Respondent is in violation of Section 231.28(1)(b), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school.

    
    

    Count 2: The Respondent is in violation of Section 231.28(1)(f), Florida Statutes, in

    that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board.

    
    

    Count 3: The Respondent is in violation of Section 231.28(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules.

    
    

22. The complaint accuses Respondent of the following rule violation:

    Count 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental health and/or safety.

    
    

23. Based upon the facts found, clear and convincing evidence has been presented to establish the material allegations in the Amended Administrative Complaint, thus, Respondent has violated the statutory provisions and rule provision as alleged in Counts 1 through 4.

24. Discipline may be imposed against Respondent consistent with the disciplinary opportunities in Section 231.28(1), Florida Statutes.

RECOMMENDATION

Based upon the consideration of the facts found and conclusions of law reached, it is

RECOMMENDED:

That the Education Practices Commission enter a final order finding Respondent in violation of Section 231.28(1)(b),(f) and (i), Florida Statutes, and Rule 6B- 1.006(3)(a), Florida Administrative Code, and revoking Respondent's Teaching Certificate for a period of three years subject to reapplication under existing requirements for certification by the State Board at the time the revocation expires.

DONE AND ENTERED this 14th day of June, 2001, in Tallahassee, Leon County, Florida.

CHARLES C. ADAMS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 14th day of June, 2001.

ENDNOTE

1/ The case style has been corrected to reflect Charlie Christ, as Commissioner of Education, who replaced Tom Gallagher, as Commissioner of Education.

COPIES FURNISHED:

Ron Weaver, Esquire

913 North Gadsden Street Tallahassee, Florida 32301

Sherry Wendenland

8028 Triumph Lane South Jacksonville, Florida 32244

Kathleen M. Richards, Executive Director Education Practices Commission Department of Education

325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400

Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education

325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 00-005126PL

Orders for Case No: 00-005126PL