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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs JACQUELINE NEELEY, 07-002710PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-002710PL Visitors: 120
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: JACQUELINE NEELEY
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Jacksonville, Florida
Filed: Jun. 18, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 16, 2007.

Latest Update: Jul. 07, 2024
STATE OF FLORIDA DIVISIO EDUCATION PRACTICES COMMIssIon “2 eth MIs $ saat VE JOHN L. WINN, as Commissioner of Education, Petitioner, O | ° P) | (0 p CL vs. CASE NO. 045-2606-F JACQUELINE NEELEY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against JACQUELINE NEELEY. 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: JURI 1. The Respondent holds Fiorida Educator’s Certificate 321137, covering the areas of Early Childhood Education and Elementary Education, which is valid through June 30, 2008. 2. At all times pertinent hercto, the Respondent was employed as an Elementary Teacher in the Duval County School District. MATE EGATIONS 3. During the 2002-2003 and 2003-2004 school years the Respondent failed to demonstrate the minimal standards of competency required of cducators in the State of Florida. 4. The Respondent's teaching performance was reviewed, evaluated and found to be unsatisfactory in nine areas of competency on January 27, 2003. 5. The Respondent's teaching performance was again reviewed, evaluated and found to be unsatisfactory in ninc areas of competency on March 6, 2003. JACQUELINE NEELEY Adininistrative Complaint Page 2 of 3 6. The Respondent's teaching performance was reviewed, evaluated and found to be unsatisfactory in seven areas of competency on March 13, 2003. 7. The Respondent's teaching performance was once more reviewed, evaluated and found to be unsatisfactory in six areas of competency on October 30, 2003. 8. Onorabout December !7, 2003, the Respondent was placed on a Success Plan to assist her in achieving satisfactory performance in five specific areas of competency. 9. On March 3, 2004, the Respondent's teaching performance was reviewed, evaluated and found to be unsatisfactory in four of the five areas of competency specified in the Success Plan. STATUTE VIOLATION COUNT 1f: The Respondent is in violation of Scction 1012.795(1)(b), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. COUNT 2: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immoralily or an act involving moral turpitude. COUNT 3: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. (SIGNATURE ON FOLLOWING PAGE) JACQUELINE NEELEY Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respcctfully 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 limitcd to, any one or a combination of the following: issuing the Respondent a written reprimand; placing thc 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 educator’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 educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this 2-day of NOVENY 1PeY.. 2006. ond Lolo Commissioner of Education State of Florida

Docket for Case No: 07-002710PL
Issue Date Proceedings
Aug. 16, 2007 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 03, 2007 Petitioner`s First Requests for Admissions to Respondent filed.
Aug. 02, 2007 Petitioner`s Motion to Deem Petitioner`s Requests for Admissions to Respondent as Admitted filed.
Aug. 02, 2007 Notice of Taking Deposition (of J. Neeley) filed.
Aug. 02, 2007 Petitioner`s Motion for Sanctions and Motion to Relinquish Jurisdiction filed.
Jul. 13, 2007 Order of Pre-hearing Instructions.
Jul. 13, 2007 Notice of Hearing by Video Teleconference (hearing set for August 23, 2007; 10:00 a.m.; Jacksonville and Tallahassee, FL).
Jul. 09, 2007 Notice of Taking Deposition filed.
Jun. 27, 2007 Certificate of Service of Discovery filed.
Jun. 26, 2007 Petitioner`s Response to Initial Order filed.
Jun. 19, 2007 Initial Order.
Jun. 18, 2007 Administrative Complaint filed.
Jun. 18, 2007 Finding of Probable Cause filed.
Jun. 18, 2007 Election of Rights filed.
Jun. 18, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jun. 18, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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