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JIM HORNE, AS COMMISSIONER OF EDUCATION vs HARRIETT S. PARETS, 04-004393PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-004393PL Visitors: 33
Petitioner: JIM HORNE, AS COMMISSIONER OF EDUCATION
Respondent: HARRIETT S. PARETS
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Dec. 10, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 5, 2005.

Latest Update: Dec. 23, 2024
ei, Er STATE OF FLORIDA bo Elko ee 3 EDUCATION PRACTICES COMMISSION mm HEC 10 Pb 13 JIM HORNE, as a 7 Commissioner of Education, af af ro Petitioner, Ou at | AG Af L. VS. CASE NO, 023-0357-M HARRIET S. PARETS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against HARRIET S. PARETS. 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 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1, The Respondent holds Florida Educator’s Certificate 592721, covering the areas of Elementary Education and English to Speakers of Other Languages (ESOL), whichis valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as an Teacher of English to Speakers of Other Languages at McNab Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3. During March 2003, Respondent knowingly and unlawfully violated standardized testing procedures during the administration of the Florida Comprehensive Assessment Test (FCAT). Respondent made comments that deviated from the scripted instructions. Contrary to the scripted instructions, Respondent looked at the students’ test booklets, told more than one student to re- exemine their work for errors, and pointed out a wrong answer. She also announced to the whole HARRIET S. PARETS Administrative Complaint Page 2 of 3 class that she was “seeing a lot of wrong answers.” As a result, FCAT scores for the entire class were invalidated. As aresult of the invalidation, the school did not have a sufficient number of test results to qualify as an “A” performing school under state guidelines. Had the results from Respondent’s class been included, the school might have qualified and received recognition as it had in the past. Following a formal hearing, the school board suspended Respondent for 30 days. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(4), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT3: The Respondent isin 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 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to leaning and/or to the student’s mental health and/or physical health and/or safety. HARRIET S. PARETS 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 forrms which are attached hereto and made a part hereof by reference. it a EXECUTED on this C27 dayof _~] wba 2004, ORNE, as issioner of Education State of Florida

Docket for Case No: 04-004393PL
Issue Date Proceedings
Aug. 31, 2005 Request to Reopen Case (DOAH case number 05-3220PL established) filed.
Apr. 08, 2005 Notification of Cancellation of Court Reporter.
Apr. 05, 2005 Order Closing File. CASE CLOSED.
Apr. 04, 2005 Order Denying Petitioner`s Motion to Relinquish Jurisdiction.
Apr. 04, 2005 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Mar. 29, 2005 Respondent?s Reply in Opposition to Petitioner?s Motion to Relinquish Jurisdiction Based on the Undisputed Material Facts filed.
Mar. 21, 2005 Petitioner`s Motion to Relinquish Jurisdiction Based on the Undisputed Material Facts filed.
Feb. 18, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for April 11 and 12, 2005; 9:30 a.m.; Lauderdale Lakes, FL).
Feb. 16, 2005 Agreed Motion for Continuance of Hearing.
Jan. 07, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 17 and 18, 2005; 9:30 a.m.; Lauderdale Lakes, FL).
Jan. 04, 2005 Agreed Motion for Continuance of Hearing (filed by Respondent).
Jan. 03, 2005 Notice of Substitution of Counsel filed.
Dec. 29, 2004 Notice of Hearing (hearing set for February 22 and 23, 2005; 9:30 a.m.; Fort Lauderdale, FL).
Dec. 29, 2004 Order of Pre-Hearing Instructions.
Dec. 29, 2004 Notice of Substitution of Counsel filed.
Dec. 20, 2004 Joint Response to Initial Order filed.
Dec. 10, 2004 Initial Order.
Dec. 10, 2004 Letter to R. Stowers from N. Proctor representation filed.
Dec. 10, 2004 Election of Rights filed.
Dec. 10, 2004 Administrative Complaint filed.
Dec. 10, 2004 Finding of Probable Cause filed.
Dec. 10, 2004 Request for Hearing/Notice of Appearnce filed.
Dec. 10, 2004 Letter to H. Parets from J. Horne regarding probable cause filed.
Dec. 10, 2004 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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