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CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs MARLA MCCLAIN, 03-000707PL (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000707PL Visitors: 6
Petitioner: CHARLIE CRIST, AS COMMISSIONER OF EDUCATION
Respondent: MARLA MCCLAIN
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Feb. 27, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 15, 2003.

Latest Update: Dec. 24, 2024
on Py hag 9, EF ee STATE OF FLORIDA : EDUCATION PRACTICES COMMISSION 03 FER 7 ; bow M 12: 2 CHARLIE CRIST, as Diyts. \ Commissioner of Education, ADMINIS 7p, ; HEARINGS io Petitioner, vs. CASE NO. 001-2041-R MARLA McCLAIN, O%4. 0707 PL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Charlie Crist, as Commissioner of Education, files this Administrative Complaint against MARLA McCLAIN. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s Educator’s Certificate pursuant to Sections 231.262 and 231.2615, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231 .262(7) and 231.2615(1), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 797665, covering the area of Social Science, which is valid through June 30, 2003. 2. At all times pertinent hereto, the Respondent was employed as a Social Studies teacher at Paxon Middle School in the Duval County School District. MATERIAL ALLEGATIONS a 3. During the fall of the 2000-2001 school year, the Respondent assisted another teacher in preparing his Teacher Induction Program portfolio by providing him with copies of competency exhibits from her portfolio which could be incorporated into his and by assisting him in typing, compiling and/or otherwise preparing his portfolio. Approximately thirteen of the competency exhibits in the portfolio the Respondent helped prepare were identical to those the Respondent had used in her portfolio. The Respondent knew or should have known that the competency exhibits included in her colleague’s portfolio did not reflect skills the colleague had demonstrated in his classroom or exhibits her colleague had prepared (which her colleague had to attest to as being his own) but, rather, reflected skills she had demonstrated in her classroom and materials she had MARLA McCLAIN Administrative Complaint Page 2 of 2 prepared. On or about June 5, 2001, the director of Professional Standards for the school district issued the Respondent a letter of reprimand for giving her colleague materials to include in his portfolio and for helping him prepare his portfolio. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.2615(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education. RULE VIOLATIONS COUNT 2: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(7) and 231.2615(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this_ SO day of Lucky , 2002. (Posts Cui Charlie Crist, as Commissioner of Education, State of Florida

Docket for Case No: 03-000707PL
Source:  Florida - Division of Administrative Hearings

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