STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLIE CRIST, AS COMMISSIONER ) OF EDUCATION, )

)

Petitioner, )

)

vs. )

)

KAREN WULF-MCHUGH, )

)

Respondent. )

Case No. 01-1512PL

)

RECOMMENDED ORDER

Administrative Law Judge Daniel Manry conducted the administrative hearing of this proceeding on June 14, 2001, in

St. Petersburg, Florida.

APPEARANCES

For Petitioner: Bruce P. Taylor, Esquire

Post Office Box 131

St. Petersburg, Florida 33731-0131

For Respondent: Karen Wulf-McHugh, pro se

1356 Irving Avenue

Clearwater, Florida 33756 STATEMENT OF THE ISSUES

The issues in this case are whether Respondent violated Sections 231.28(1)(f) and (i), Florida Statutes (1999) and Florida Administrative Code Rule 6B-1.006(4)(a) by advocating religious beliefs to her students. (All chapter and section references are to Florida Statutes (1999). All references to rules are to rules

promulgated in the Florida Administrative Code in effect on the date of this Recommended Order.)

PRELIMINARY STATEMENT

Petitioner filed an Administrative Complaint against Respondent on June 6, 2000. Respondent timely requested an administrative hearing.

At the hearing, Petitioner presented the testimony of ten witnesses and submitted seven exhibits for admission in evidence. Respondent testified in her own behalf and submitted no exhibits for admission in evidence.

The identity of the witnesses and exhibits, and the rulings regarding each, are set forth in the Transcript of the hearing filed on July 2, 2001. Petitioner timely filed its Proposed Recommended Order on June 15, 2001. Respondent did not file a proposed recommended order.

FINDINGS OF FACT

1. Petitioner is a public school district that receives funding from public tax revenues. Respondent holds a valid Florida Educator's Certificate bearing the number 497238. The certificate entitles Respondent to teach emotionally handicapped education and elementary education in public school through

   June 30, 2001.

   
   

2. During the 1999-2000 school year, Respondent taught at Belcher Elementary School ("Belcher"). Belcher is an English for

   Speakers of Other Languages ("ESOL") center and receives students from diverse ethnic backgrounds and religious faiths, including non-Catholic Christian faiths and non-Christian faiths such as Muslims and Buddhists.

3. Respondent displayed pictures in her classroom of a woman whom Respondent identified to her students as Saint Philomena. Respondent told her students that Saint Philomena had wanted to marry God and that adults had forgotten Saint Philomena.

4. On October 27, 1999, Respondent invited Ms. Hofstetter, another teacher at Belcher, to bring her class into Respondent's classroom to witness a pumpkin carving. While Ms. Hofstetter and her class were in Respondent's classroom, Ms. Hofstetter observed a picture of Saint Philomena displayed on the front wall of the classroom. The children repeated to Ms. Hofstetter the statements by Respondent that Saint Philomena had wanted to marry God and that adults had forgotten her.

5. Ms. Rosemarie Fernandez was employed as an ESOL aid at Belcher during the 1999-2000 school year and routinely visited Respondent's classroom three times a week for about 45 minutes each time. Respondent mentioned Saint Philomena to

   Ms. Fernandez one day and explained that people prayed to the Saint when people had problems.

6. Ms. Sandra Nipper had a son in Respondent's class during the 1999-2000 school year. During a parent-teacher conference

   with Respondent, Respondent encouraged Ms. Nipper to have her son participate in prayer and religious activity. On another occasion, Respondent telephoned Ms. Nipper and asked her if her son had been baptized. Ms. Nipper told Respondent that her son had been baptized, but that it was none of Respondent's business. As a public school teacher, Ms. Nipper was shocked at the questions Respondent asked about religion.

7. Ms. Shirley Garrett was the Assistant Principal at Belcher during the 1999-2000 school year. On October 29, 1999, Ms. Garret observed a table in Respondent's classroom that displayed several religious artifacts, including a statue of Saint Philomena. Ms. Garrett directed Respondent to take down the display and to make sure it was placed where students could not see it. Respondent agreed to comply with that directive. When Ms. Garrett checked later, the display had been taken down, and the objects were out of sight.

8. On the morning of November 1, 2000, Ms. Pat Huffman, the Principal at Belcher, encountered two children from Respondent's class who had arrived early at school. Each student had a set of rosary beads that were labeled "blessed." Each set of rosary beads included a pamphlet that said "pray the rosary daily" and a St. Benedict "Jubilee" medal.

9. Ms. Huffman went to Respondent's classroom and found a similar set of beads at each student's desk. Ms. Huffman collected the beads.

10. While Ms. Huffman was in Respondent's classroom, she also noticed a display on the side of the classroom. The display consisted of the same artifacts Ms. Garrett had previously seen. The artifacts included a statue of Saint. Philomena; a picture of Jesus labeled "Our Lord's Adorable Face;" an icon of St. Paraskey, labeled "saint of vision and your eyes;" and a picture of Saint Mary; and a cross. The objects were displayed on a lace cloth. The cloth depicted a Christmas Nativity scene, with Joseph, Mary, and the infant Jesus; a halo; angels; wise men offering gifts; shepherds with their animals; and the star of Bethlehem.

    Ms. Huffman took photographs of the display.

    
    

11. Ms. Huffman scheduled a meeting with Respondent, a union representative, and Mr. James Barker, an employee of the Pinellas County School Board (the "School Board") personnel department. Mr. Barker was responsible for investigating allegations of employee misconduct. Respondent admitted that she: displayed the icons and religious artifacts; gave out rosary beads as "All Saints' Day" presents; encouraged students to pray to saints for their sick classmates; told students about Saint Philomena; and, upon learning of the meeting, asked her students to pray for her, not to keep her job, but to have God's will done. Respondent

    explained that she did not seek employment in a parochial school because God wanted her to bring religion to the public school children. After the meeting, Respondent resigned from her teaching position.

12. Respondent has a long history of advocating her religious beliefs in the public school system in Pinellas County. At a faculty meeting at the beginning of the 1999-2000 school year, Respondent brought up the subject of leading or conducting prayers in the classroom. The topic generated some discussion, until Ms. Huffman stated that there would be no prayers conducted in the classrooms.

13. Similar activities during 1997 resulted in a memorandum from the principal of Pinellas Park Elementary School that was issued to Respondent on June 23, 1997. The memorandum cautioned Respondent not to: (1) pray with students; (2) facilitate reverence of any kind with students; (3) refer to saints with students; or (4) initiate any questionable discussions with students or peers as they relate to religion.

14. In 1992, Mr. Steve Crosby was employed by the School Board in the personnel department. Mr. Crosby received a telephone call from a local television station concerning allegations that Respondent had been encouraging the children in her class to pray and that she had led prayer in the classroom. Mr. Crosby investigated the allegation. Respondent admitted that

    she lead her students in prayer, used a rosary in the prayers, and had her students write notes to Jesus, God, Mary, and the Saints.

15. Mr. Crosby explained to Respondent that such practices would be offensive to children of many Protestant faiths, or at least inconsistent with those faiths, and that as a public school teacher, she could not advocate her religious beliefs in the classroom. Respondent indicated she understood, and would not do continue to advocate her religious beliefs in the classroom. A cautionary memorandum from the Superintendent of Schools for Pinellas County formalized the instructions to Respondent.

    CONCLUSIONS OF LAW

    
    

16. The Division of Administrative Hearings has jurisdiction over the subject matter and parties to this proceeding. Section 120.57(1). The parties were duly noticed for the formal hearing.

17. The burden of proof is on Petitioner. Petitioner must show by clear and convincing evidence that Respondent committed the acts alleged in the Administrative Complaint and the reasonableness of any proposed penalty. Department of Banking and Finance v. Osborne Stern and Company, 670 So. 2d 932 (Fla. 1996); Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987).

18. Petitioner satisfied its burden of proof. Petitioner showed by clear and convincing evidence that Respondent advocated her own religious beliefs to her students in violation of Sections 231.28(1)(f) and (i) and Rule 6B-1.006(4)(a).

19. Whenever possible, Petitioner must interpret applicable statutes and rules in a manner that preserves their constitutionality. The First and Fourteenth Amendments to the United States Constitution prohibit public schools from allowing religious instruction. Everson v. Board of Education, 330 U.S. 1, 67 S. Ct. 504, 911, Ed. 711 (1947); McCollum v. Board of Education, 333 U.S. 203, 68 S. Ct. 461, 92 L.Ed.2nd 649 (1948).

    A public school district cannot advocate religion in general and cannot advocate a particular religious viewpoint. Edwards v.

    Aguillard, 482 U.S. 587, 107 S.Ct. 2573, 96 L.Ed. 2nd 510 (1987).

    
    

    Neither a public school teacher nor a student has any right to espouse a religious viewpoint in the classroom. Webster v. Lennox

    School District #122, 917 F.2nd 1004 (7th Cir. 1990). DeNooyer v. Livonia Public Schools, 799 F.Supp. 744 (E.D. Mich. 1992).

20. Respondent engaged in illegal conduct that seriously reduced her effectiveness with students, their parents, Respondent's peers, and her superiors. By continuously advocating a particular religious view, Respondent exposed students of different faiths and those who had no religious faith to a risk of harm from alienation and confusion. Alienation and confusion among Respondent's students would be detrimental to the learning environment.

21. Respondent has repeatedly been cautioned and warned for more than eight years to refrain from advocating her personal

    religious beliefs in public school. Respondent has failed to comply.

22. Respondent has had ample opportunity to demonstrate that she will not continue to advocate her religious beliefs in the public school system but has failed to do so. Rather, Respondent admits the evidence that Petitioner submitted at the administrative hearing and admits that she will continue to advocate her religious beliefs to public school students.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that Petitioner enter a Final Order finding Respondent guilty of the allegations in the Administrative Complaint and revoking Respondent's teaching certificate.

DONE AND ENTERED this 2nd day of August, 2001, in Tallahassee, Leon County, Florida.

DANIEL MANRY

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 2nd day of August, 2001.

COPIES FURNISHED:

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

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

Bruce P. Taylor, Esquire Post Office Box 131

St. Petersburg, Florida 33731-0131

Karen Wulf-McHugh 1356 Irving Avenue

Clearwater, Florida 33756

James A. Robinson, General Counsel Department of Education

The Capitol, Suite 1701 Tallahassee, Florida 32399-0400

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

325 West Gaines Street, Suite 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: 01-001512PL

Orders for Case No: 01-001512PL