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JOHN L. WINN, AS COMMISSIONER OF EDUCATION vs LINDA GAIL FRENCH, 07-003395PL (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003395PL Visitors: 20
Petitioner: JOHN L. WINN, AS COMMISSIONER OF EDUCATION
Respondent: LINDA GAIL FRENCH
Judges: CHARLES C. ADAMS
Agency: Department of Education
Locations: Madison, Florida
Filed: Jul. 23, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 8, 2007.

Latest Update: Jul. 04, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION a O1- 095 JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 023-1955-Q LINDA GAIL FRENCH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioncr of Education, filcs this Administrative Complaint against LINDA GAIL FRENCH. 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, Principics of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutcs. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator's Certificate 590921, covering the areas of Elementary Education, English To Spcakers Of Other Languages (ESOL) and School Principal, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Principal at Excel Alternative School in the Madison County Schoo! District. MATERIA!I. ALLEGATIONS 3. During the 2002-2003 school year the Respondent allowed students to incorrectly lake the High School Competency Test when in fact they should have taken the Florida Comprehensive Assessment Test. 4. During the 2002-2003 school year the Respondent failed to properly administer LINDA GAIL FRENCH Administrative Complaint Page 2 of 4 and comply with the test requirements for the Florida Comprehensive Assessment Test in that she: (a) failed to account for all FCAT test materials; (b) photocopied the FCAT answer document; and (c) did not read the FCAT test administration manual. 5. During the 2002-2003 school year the Respondent failed to adhere to school board policy by allowing non-certified teachers (o teach out of field without proper documentation thal they had completed course work required for teaching out of field. 6. During the 2002-2003 school year the Respondent failed to implement and adhere to school board policies regulating collection, accounting and cxpenditure of school board funds. 7. During the 2002-2003 school year the Respondent failed to implement and adhere lo school board policies regulating pupil progression from one grade level to the next. Specifically, the Respondent allowed promotion of students despite disqualifying grades and school attendance. 8. During the 2002-2003 school year the Respondent identified herself as the instructor for over twenty classes when in fact she did not teach any classes during the school year. 9. During the 2002-2003 school year the Respondent failed to submit reports of excessive student absences to the Department of Highway Safety and Motor Vehicles as required ° by law. TATUTE LATIONS COUNT 1; The Respondent is in violation of Section 1012.795(1)(o), 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 opcrate 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 immorality or an act involving moral turpitude. COUNT3: The Respondentis in violation of Section 1012.795(1){D, Florida Statutes, in that Respondent has becn found guilty ofpersonat conduct which seriously reduces her effectiveness as an employee of the school board. LINDA GAIL FRENCH Administrative Complaint Page 3 of 4 COUNT 4: TheRespondentis 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 5: The allegations of misconduct sct forth hercin are in violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort fo protect the student from conditions harmful io learning and/or to the student’s mental health and/or physical health and/or safety, COUNT 6: The allegations of misconduct set jorth herein are in violation of Rule 6B- 1.006(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honcsty in all professional dealings. COUNT 7: The Respondent is in violation of Rule 6B.1006(5)(h), Florida Administrative Codc in that Respondent has submitted fraudulent information on a document in connection with professional activities. - LINDA GAIL FRENCH Administrative Complaint Page 4 of 4 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Elcction 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 arc 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 thc 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 /9 day of Lip , 2006. Avil te. JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 07-003395PL
Issue Date Proceedings
Nov. 08, 2007 Order Closing File. CASE CLOSED.
Nov. 07, 2007 Stipulated Motion to Close File and Relinquish Jurisdiction filed.
Sep. 26, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 15 and 16, 2007; 9:30 a.m.; Madison, FL).
Sep. 21, 2007 Joint Motion to Continue Formal Hearing filed.
Aug. 16, 2007 Respondent`s First Request for Production of Documents filed.
Aug. 16, 2007 Respondent`s Notice of Service of First Set of Interrogatories to Petitioner filed.
Jul. 30, 2007 Order of Pre-hearing Instructions.
Jul. 30, 2007 Notice of Hearing (hearing set for October 3 and 4, 2007; 9:30 a.m.; Madison, FL).
Jul. 25, 2007 Joint Response to Initial Order filed.
Jul. 23, 2007 Administrative Complaint filed.
Jul. 23, 2007 Election of Rights filed.
Jul. 23, 2007 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jul. 23, 2007 Agency referral filed.
Jul. 23, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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