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: Dec. 25, 2024
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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).
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Sep. 20, 2004 |
Petitioner`s Response to Order Reopening Case (filed via facsimile).
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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.
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