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
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SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
De 1D
ARTHUR C. JOHNSON, Ph.D.
Superintendent of Schools,
Petitioner
JUDITH PERNA
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Respondent }
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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
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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.
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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
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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.
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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
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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"
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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
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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 \
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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.
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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.
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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.
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Dec. 20, 2001 |
Order of Pre-hearing Instructions issued.
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Dec. 20, 2001 |
Notice of Hearing issued (hearing set for April 15 through 19, 2002; 9:00 a.m.; West Palm Beach, FL).
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Dec. 19, 2001 |
Joint Response to Initial Order filed.
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Dec. 14, 2001 |
Initial Order issued.
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Dec. 13, 2001 |
Administrative Complaint filed.
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Dec. 13, 2001 |
Judith Perna Termination Issues/Hearing Request (filed via facsimile).
|
Dec. 13, 2001 |
Agency referral (filed via facsimile).
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