Petitioner: JEANNIE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: RACHEL J. BARNETT
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Mar. 16, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 4, 2007.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
JOHN L. WINN, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 056-1482-F
RACHEL J. BARNETT,
Respondent, O I- ( 752 i C
ADMINISTRATIVE COMPLAINT
Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint
against RACHEL J. BARNETT, 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 sct forth in Sections 1012.795(1)
and 1012.796(7), Florida Statutes.
The Petitioner alleges:
JURISDICTION
1. The Respondent holds Florida Educator’s Certificate 520837, covering the arca of
Exceptional Student Education, which is valid through June 30, 2009.
2. At all times pertinent hereto, the Respondent was employed as a Teacher at Don
Brewer Elementary School in the Duval County School District.
MATERIAL ALLEGATIONS
3. During the 2004 - 2005 school year, Respondent inappropriately disciplined students
in her pre-kindergarten, Exceptional Student Education class. Respondent’s behavior included but
was not limited to tying students to chairs, throwing them against walls, withholding food trom
students and squeezing their cheeks.
4. On or about February 18, 2005, Respondent locked T.J., a male, pre-kindergarten
student. in a storage room and subsequently placed him in a bathroom with her foot holding the door
shut so he could not get out. As a result T.J. locked himself in the bathroom and had to be
RACHEL J. BARNETT
Administrative Complaint
Page 2 of 3
convinced to come out. When TJ. came out he ran away and Respondent chased him. Respondent
eventually fell on top of him causing both Respondent and student to end up on the floor in tears.
T.J. sustained multiple scratches and red marks on his arms, neck, back and face as a result of the
incident. On or about March 7, 2005, Respondent received a letter of reprimand and a three-day
suspension without pay from the school board. On or about April 8, 2005, the school district placed
Respondent’s on non-renew status.
STATUTE VIOLATIONS
COUNT {; — The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes,
in that Respondent has been guilty of gross immorulity or an act involving moral turpitude.
COUNT 2: — The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes,
in that Respondent has been found guilty of personal conduct which scriously reduces her
effectiveness as an employee of the school board.
COUNT3: — The Respondent is in violation of Section 1012.795(1)(), 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 arc in violation of Rule 6B-
1.006(3){a), Florida Administrative Code, in that Respondent has failed to make reasonable effort
to prolect the student from conditions harmful to Icarning and/or to the student’s mental health
and/or physical health and/or salcty.
COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-
1,006(3)(c), Florida Administrative Code, in that Respondent has intentionally exposed a student
to unnecessary embarrassment or disparagement.
(SIGNATURE ON FOLLOWING PAGE)
RACIIELL J. BARNETT
Administrative Complaint
Page 3 of 3
WHEREFORE, based on the reasons set forth hercin and in accordance with the
Explanation of Rights and Election of Rights forms attached to and made a part of this
Administrative Complaint, Petitioner respectfully recommends that the Education Practices
Commission impose an appropriate sanction against the Respondent's educator’s certificate pursuant
to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions
imposed by the Education Practices Commission may include, but are not limited to, any one or a
combination of the following: issuing the Respondent a written reprimand; placing the Respondent
on probation for any period of time; restricting the Respondent’s authorized scope of practice;
assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery
Network Program; suspending the Respondent’s cducator’s certificate for a period of time not to
exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10
years or permanently; or barring the Respondent from reapplying for an cducator’s certificate for
a period of timc up to 10 years or permanently.
FXECUTED on this_2 2 day of NOVEMbEY . 2006.
ptok as
Commissioner of Education
State of Florida
Docket for Case No: 07-001253PL
Issue Date |
Proceedings |
May 04, 2007 |
Order Closing File. CASE CLOSED.
|
May 03, 2007 |
Motion to Close File filed.
|
Apr. 04, 2007 |
Amended Notice of Hearing by Video Teleconference (hearing set for May 11, 2007; 9:30 a.m.; Jacksonville and Tallahassee, FL; amended as to Date).
|
Apr. 03, 2007 |
Order of Pre-hearing Instructions.
|
Apr. 03, 2007 |
Notice of Hearing by Video Teleconference (hearing set for May 10, 2007; 9:30 a.m.; Jacksonville and Tallahassee, FL).
|
Apr. 03, 2007 |
Certificate of Service of Discovery filed.
|
Mar. 23, 2007 |
Joint Response to Initial Order filed.
|
Mar. 22, 2007 |
Joint Response to Initial Order filed.
|
Mar. 16, 2007 |
Initial Order.
|
Mar. 16, 2007 |
Administrative Complaint filed.
|
Mar. 16, 2007 |
Finding of Probable Cause filed.
|
Mar. 16, 2007 |
Election of Rights filed.
|
Mar. 16, 2007 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Mar. 16, 2007 |
Agency referral filed.
|