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PALM BEACH COUNTY SCHOOL BOARD vs JUDITH PERNA, 01-004813 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-004813 Visitors: 30
Petitioner: PALM BEACH COUNTY SCHOOL BOARD
Respondent: JUDITH PERNA
Judges: J. D. PARRISH
Agency: County School Boards
Locations: West Palm Beach, Florida
Filed: Dec. 13, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 19, 2002.

Latest Update: Dec. 23, 2024
cae a a Received Event (Event Succeeded) Date: 12/13/01 Time: 4:06 PM Pages: 12 Sender: 4 561 434 8105 _Remote SSIP3, ah PO 4348105) 561-434-8105 LEGAL SERVICES PAGE 83 SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA De 1D ARTHUR C. JOHNSON, Ph.D. Superintendent of Schools, Petitioner JUDITH PERNA ) ) ) ) VS. ) . ) ) Respondent } / _ ADMINISTBAT VE COMPLAINT Arthur C. Johnson, Ph.D., Superintendent of Schools of the School District of Palm Beach County, Florida, pursuant to the due process provisions of Sections 231.29, 231.36, 120.569, 120.57, 230.236), and 930.33(7@), Florida Statutes, and the Collective Bargaining Agreement between the Palm Beach County Classroom Teachers Association, files this Administrative Complaint for dismissal from employment, of Respondent, Judith Perna, from the School District of Palm Beach County, Florida, for failure to correct her teaching deficiencies to warrant a satisfactory evaluation. An agency determination that the allegations in this Administrative Complaint are true will result in the termination of the Respondent's Continuing Contract. “1, JURISDICTIONAL BASIS 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 page 1 of ¢ Received Event (Event Succeeded) Date: 12/13/01 Time: 4:06 PM Pages: 12 Sender: 1 561 434 8105 _Remote ESI: 294061, 434,8105; 561-434-9105 LEGAL SERVICES PAGE 84 JUDITH PERNA ADMINISTRATIVE COMPLAINT 2. Petitioner, Arthur C. Johnson, Ph.D, is the duly appointed Superintendent of Schools of the District of Palm Beach County, Florida. The address of the Petitioner is: Superintendent of Schools Palm Beach County School Board c/o Bruce A. Harris, 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 (7)(e) 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. 4, Respondent is a teacher employed by the Schoo! Board of Palm Beach County, Florida. Respondent holds a Continuing Contract. 5. The last known address of Respondent is 3557 Little Pine Lane, Lake Worth, Florida 33467. page 2 of 6 fc arere Received Event (Event Succeeded) Date: 42/13/01 Time: 4:06 PM Pages: 42 Sender: 1 561 434 8105 _Remote ESID;, 29851 4348105) 561-434-8105 LEGAL SERVICES PAGE JUDITH PERNA ADMINISTRATIVE COMPLAINT li. ADMINISTRATIVE C ES 10. Petitioner, Arthur C. johnson, Ph.D., alleges as follows: ‘The Respondent is a classroom teacher at Crystal Lakes Elementary School in Boynton Beach, Florida, for the 2001-02 school year. The Respondent has been employed as a classroom teacher with the Palm Beach County School District since the 1980-81 school year. The Respondent, Judith Perna, received a Continuing Contract in the 1982-83 school year. The deficiency areas noted in her Performance Evaluation dated June 5, 2001, included management of student conduct, presentation of subject matter, communication and planning. On August 7, 2001, and pursuant to Sections 231.29 and 231.36, Florida Statutes, and Article tl, Section G of the Collective Bargaining Agreement between the Palm Beach County Classroom Teachers Association and the School District of Palm Beach County, Florida, after Respondent was advised of her teaching deficiencies, Respondent was placed on a District Assistance Plan for improvement. Respondent had been provided a Schooi-Site Assistance Plan, prior to the District Assistance Plan. Respondent received assistance to improve her performance from school center ' personnel, a subject area specialist, a university professor, district instructional Page 2 of 6 @s Received Event (Event Succeeded) Date: 12/13/01 Time: 4:06 PM Pages: 12 Sender: 1 561 434 8105 _Remote LSID: 2961, 4348105, 561-434-8105 LEGAL SERVICES PAGE @6 JUDITH PERNA ADMINISTRATIVE COMPLAINT team support personnel and a peer teacher, and was observed periodically, attended workshops to assist her, and kept apprised of any progress achieved. 11. Atthe conclusion of the School-Site and District Assistance Plans Respondent's deficiencies have not been corrected to a sufficient number to warrant a satisfactory evaluation. 12 The deficiency areas noted on her Performance Evaluations dated November 8, and November 5, 2001, included management of student conduct, presentation of subject matter, communication and planning. 13. On November 16, 2001, the Respondent was notified by the Superintendent that he planned to recommend to the School Board of Palm Beach County, Florida that the Respondent be dismissed from employment. The letter was hand-delivered an November 16, 2001, to Respondent. 14. Respondent, having failed to correct her teaching deficiencies to warrant a satisfactory evaluation, is recommended for dismissal by the Superintendent in accordance with the requirements of Sections 230.23(5){f),230.33(7)(@), 231.29 and 231.36 Florida Statutes, and Article II Section G of the Collective Bargaining Agreement between the Palm Beach County Classroom Teachers Association and the Schoo! District of Palm Beach County Florida. The Petitioner is entitled to recommend to the Schoo! Board of Palm Beach County, Florida that the Respondent’s employment be terminated. Page @ of @ Received Event (Event Succeeded) Date: 12/13/01 Time: 4:06 PM Pages: 12 Sender: 1 561 434 8105 _ Remote £5 IP: 206 P51, 6348105. 561-434-105 LEGAL SERVICES PAGE 87 JUDITH PERNA ADMINISTRATIVE COMPLAINT EMAND. RELI WHEREFORE, Petitioner, Arthur C. Johnson, Ph.D., Superintendent of Schools, has filed this administrative complaint for dismissal of the Respondent in a manner provided for in Sections 120.569 and 120.57(1) of Florida Statutes and recommends to the School Board of Palm Beach County, Florida, pursuant to Sections 230.23(5){f), 230.33(7)(e), 231.29, 231.36, Florida Statutes, and Article II, Section G, of the Collective Bargaining Agreement between the Palm Beach County Classroom Teachers’ Association and the School District of Palm Beach County, Florida, giving good and sufficient reasons pursuant to Section 231 .36(4)(b), Florida Statutes that Respondent, a continuing contract teacher, be dismissed as a member of the instructional staff of the School District of Palm Beach County at the end of the current schoo! year une 4, 2002). EXECUTED this AGG dayof Vinendev , 2001. ¢. JOHNSON, Ph.D. UPERINTENDENT Page Sof 6 SSE te ae Received Event (Event Succeeded) Daten STAID Date: 12/13/01 Time: 4:06 PM Pages: 12 Sender: 1 561 434 8105 _Remote £5 1D: 094561, 434:8105) 651 -a34-s105 LEGAL SERVICES PAGE a8 JUDITH PERNA ADMINISTRATIVE COMPLAINT STATE OF FLORIDA ) )S$ oo COUNTY OF PALM BEACH ) ki The foregoing instrument was executed before me this 26” day of Ae-acm- be? 2001, by ARTHUR C, JOHNSON who is personally knawn by me (or who has produced as identification) andpwho took any oath. be, fotary Public _ ts 7 cot lve A) Loe AL Type or PrintName of Notary SOsS=~S My Commission Expires: October 26, 2002 BONDED THRU TROY FAIN INSUBANCE. I" Page 6 of 6 Received Event (Event Succeeded) Date: 42/13/01 Time: 4:06 PM Pages: 12 Sender: 1 561 434 8105 _Remote C5IPi 20h P64 624081051 -561-434-s105 LEGAL SERVICES PAGE 11 MARCIAA.ANDREWS © ARTHURC. JOHNSON, Ph.D. OF Feta OS NTY, FLORIDA Chief Personnel Officer ‘Superintendent JON OF PERSUANEL SERVICES OEPART MENT OF PROFESSIONAL STANDARDS W. PAULLACHANGE 3370 Forest Hill Boulevard, A-115 Director West Palm Beach, Florida 33406-5870 {861) 434-8545 FAX (561) 434-8178 November 14, 2001 Ms. Judith Perna 3557 Little Pine Lane Lake Worth, FL 33467 Dear Ms. Perna: Please be advised that pursuant to Sections 231. 29 and 231.36, Florida Statutes, Article Hl, Section G, of the Collective Bargaining Agreement Between the School District of Palm Beach County, Florida and Palm Beach County Classroom Teachers Association, and your status as a continuing contract employee, | will recommend at the Board meeting of December 12, 2001 that the Board terminate your employment at the end of the current school year (June 4, 2002). A copy of the “ADMINISTRATIVE COMPLAINT FOR DISMISSAL FROM EMPLOYMENT ' is to follow, and fully delineates the charges upon which this recommendation is being made to the Board. The action by the School Board is final agency action subject to review pursuant to Section 120.68, Florida Statutes. -{f you wish to dispute the School Board's action, you may either file a grievance or request ahearing before the Division of Administrative Hearing (DOAH). Should you desire a hearing, a request should be made in writing within fifteen (15) calendar days of Board action to Bruce Harris, Interim Chief Counsel to the School Board, 3318 Forest Hill Boulevard, C-302, West Palm Beach, Florida 33406-5813. Such hearing shall be conducted before an Administrative Law Judge appointed by the Division of Administrative Hearings. Failure on your part to timely flle a grievance or request a DOAH hearing shall waive all rights to grieve or request a DOAH hearing on such matters. The December 12, 2001, School Board meeting will be held in the Board Room at 3300 Forest Hill Boulevard, West Paim Beach. The Board has set aside the time of 4:30 p.m. so that you or your representative may make a brief three (3) minute oral presentation relative fo your suspension and dismissal. The Board has allotted no more than three (3) minutes for you to make a statement. An Equal Opportunity Emptoyer iL Received Event (Event Succeeded) Date: 12/13/01 Time: 4:06 PM Pages: 12 Sender: 1 561 434 8105 _Remote £51D5-20561, 4348105) 561 -a34-s105 LEGAL SERVICES PAGE i Page 2 If you or your representative intend to speak before the School Board, please immediately notify Ms. Alicia Palmer, Board Minutes Secretary, at (561) 434-8139. Please govern yourself accordingly. Superintendent of Schocis Attachment c. William F. Malone, Chief Operating Officer Marcia A, Andrews, Chief Personnel Officer W. Paul Lachance, Director of Professional Standards Elizabeth Decker, Area 2 Superintendent Sue Slone, Principal of Crystal Lakes Elementary Bruce Harris, interim Chief Counsel to the School Board ‘ Virginia Tanner-Otts, Deputy General Counsel Alan M. Aronson, Senior Associate Counsel for Personnel + Darnice Person-Carey, Associate Executive Director, CTA Personnel File Board Members ith Perna Need ot SB 261-668-5377 S sb \ 12

Docket for Case No: 01-004813
Issue Date Proceedings
Apr. 19, 2002 Order Closing File issued. CASE CLOSED.
Apr. 18, 2002 Joint Notice of Withdrawal of Hearing Request and Dismissal with Prejudice filed.
Apr. 11, 2002 Order Granting Extension of Deadline to Respond to Discovery Request issued (deadline is extended by 17 days).
Apr. 08, 2002 Joint Motion for Agreed Order to Extend Deadlines for Responding to Pending Discovery Requests (filed via facsimile).
Mar. 20, 2002 Petitioner`s First Request for Production to Respondent, Judith Perna filed.
Mar. 20, 2002 Petitioner`s First Set of Interrogatories to Respondent filed.
Mar. 20, 2002 Petitioner`s First Request for Admissions to Respondent filed.
Mar. 15, 2002 Letter to Judge J. Parrish from j. Brusseau regarding E. Gremillion is not affiliated with this case filed.
Mar. 14, 2002 Notice of Appearance of Counsel for Petitioner (filed by B. Harris via facsimile).
Mar. 11, 2002 Respondent`s Notice of Service of First Set of Interrogatories to Petitioner filed.
Mar. 11, 2002 Respondent`s Notice of Service of First Request for Production to Petitioner filed.
Mar. 07, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for June 10 through 14, 2002; 9:00 a.m.; West Palm Beach, FL).
Mar. 06, 2002 Consented Motion to Continue Hearing filed by Respondent.
Dec. 20, 2001 Order of Pre-hearing Instructions issued.
Dec. 20, 2001 Notice of Hearing issued (hearing set for April 15 through 19, 2002; 9:00 a.m.; West Palm Beach, FL).
Dec. 19, 2001 Joint Response to Initial Order filed.
Dec. 14, 2001 Initial Order issued.
Dec. 13, 2001 Administrative Complaint filed.
Dec. 13, 2001 Judith Perna Termination Issues/Hearing Request (filed via facsimile).
Dec. 13, 2001 Agency referral (filed via facsimile).
Source:  Florida - Division of Administrative Hearings

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