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JIM HORNE, AS COMMISSIONER OF EDUCATION vs SANDRA M. CLARKE, 04-003130PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-003130PL Visitors: 9
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: SANDRA M. CLARKE
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Sep. 02, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, November 5, 2004.

Latest Update: Jun. 17, 2024
“aE BE Spar STATE OF FLORIDA EDUCATION PRACTICES COMMISSION) SEP -2 PH 1:25 JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 012-0666-V SANDRA M. CLARKE, . Respondent. / C | B\2Opl ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Adrninistrative Complaint against SANDRA M. CLARKE. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1 012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 376751, covering the areas of Elementary Education and English to Speakers of Other Languages (ESOL), which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at North Beach Elementary School, in the Dade County School District. MATERIAL ALLEGATIONS 4 3. During the 2000-2001 school year, the Respondent engaged in negligent supervision of her students by leaving them unsupervised in the classroom for periods of 5 to 15 minutes at a time. During the time the students were unsupervised, some of them climbed on their desks and became unruly and noisy. On or about February 26, 2001, the Respondent received a letter of reprimand from her principal for Jeaving her classroom unsupervised. Dunng the same school year, the Respondent collected money from her students, allegedly to replace a broken pencil sharpener. SANDRA M. CLARKE Administrative Complaint Page 2 of 3 The pencil sharpener was never replaced. The collection of student money constituted a violation of School Rules and Miami-Dade County School Board Rule6GX13-4A-1.21 (Responsibilities and Duties). The Respondent was precluded from employment with the Dade County Schoo! District for summer 2001, pending the outcome of the investigation into the incident. On or about September 20, 2001, the Respondent received a letter ofreprimand for collecting money from her students. She continues to be employed. STATUTE VIOLATIONS COUNT1: The Respondentis in violation of Section 1012.795(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. RULE VIOLATIONS COUNT 2: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Fiorida 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 physical health and/or safety. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. SANDRA M. CLARKE Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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. . th EXECUTED on this / T ~ day of December, 2003. C&mmissioner of Education State of Florida

Docket for Case No: 04-003130PL
Issue Date Proceedings
Nov. 05, 2004 Order Closing File. CASE CLOSED.
Nov. 05, 2004 Motion to Cancel Hearing and to Relinquish Jurisdictioin to EPC (filed via facsimile).
Nov. 04, 2004 Order Granting Motion to Amend the Administrative Complaint.
Nov. 04, 2004 Amended Administrative Complaint (filed by Petitioner ia facsimile).
Nov. 04, 2004 Motion to Amend Administrative Complaint (filed by Petitioner via facsimile).
Nov. 02, 2004 Motion to Compel Discovery (filed by Petitioner via facsimile)
Sep. 30, 2004 Respondent`s Response to Request for Admissions filed.
Sep. 22, 2004 Order of Pre-hearing Instructions.
Sep. 22, 2004 Notice of Hearing (hearing set for November 17, 2004; 9:30 a.m.; Miami, FL).
Sep. 20, 2004 Petitioner`s Response to Order Reopening Case (filed via facsimile).
Sep. 08, 2004 Order Reopening Case (04-0320 as 04-3130, and requesting dates available for hearing in October and November 2004 from parties by September 16, 2004).
Sep. 02, 2004 Letter to Ms. Richards from C. Whitelock regarding settlement negotiations filed.
Sep. 02, 2004 Finding of Probable Cause filed.
Sep. 02, 2004 Election of Rights filed.
Sep. 02, 2004 Administrative Complaint filed.
Sep. 02, 2004 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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