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ORANGE COUNTY SCHOOL BOARD vs ARLENE RIOS, 07-004770TTS (2007)

Court: Division of Administrative Hearings, Florida Number: 07-004770TTS Visitors: 2
Petitioner: ORANGE COUNTY SCHOOL BOARD
Respondent: ARLENE RIOS
Judges: DANIEL MANRY
Agency: County School Boards
Locations: Orlando, Florida
Filed: Oct. 18, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 23, 2008.

Latest Update: Dec. 24, 2024
SCHOOL BOARD OF ORANGE COUNTY, Ig FLORIDA, BY AND THROUGH ITS pet FlSlon SUPERINTENDENT, RONALD BLOCKER, MOMS TR OF Petitioner Vs. Arlene Rios Ol YT ( 0 Respondent ADMINISTRATIVE COMPLAINT RONALD BLOCKER, as Superintendent of Schools, for and on behalf of the School Board of Orange County, Florida, (hereinafter referred to as “Petitioner’), files this Administrative Complaint against Arlene Rios (hereinafter referred to as “Respondent'’). ‘Petitioner seeks the severance of Respondent's. professional services contract - with Petitioner pursuant to Section 1012.33, Florida Statutes. The Petitioner alleges: 1. The Respondent, at all times material to this Complaint, was employed as a classroom teacher by the Petitioner, the School Board of Orange County, Florida. The Respondent was hired on January 13, 1997 and is currently a Varying Exceptionalities Teacher at Jackson Middle School. 2. The Respondent holds a professional services contract of employment with the School Board of Orange County, Florida. 3. A student from Respondent's class presented to the school administration videos of Respondent's classroom taken from his cell phone. In all there were 13 video clips of Respondent's class, ranging in duration from four (4) to 123 (one hundred twenty three) seconds. These clips were recorded at various intervals on April 5, 6, 10 and 11, 2007. 4. The videos show between two and five students at a time participating in simulated fight scenes which included wrestling, kicking, punching, stomping, dragging, throwing and being thrown to the ground, running and profanity. . Three of the clips were taken during outside recess which Respondent is responsible to supervise. The remaining ten occur in the Respondent's _classroom. , . Respondent failed to sufficiently intervene when the Students were engaged in this behavior. Only twice (in thirteen clips) did Respondent instruct the students to stop (fighting and recording), however when they did not comply, she did nothing further. . In a predetermination meeting on May 3, 2007, Respondent acknowledged that the behavior shown on the clips was unsafe and inappropriate. Respondent ‘offered no reasonable explanation for her allowance of the behavior. Despite the fact that Respondent's portable is equipped with a telephone that has been in working order, she failed to contact administration for help in correcting the situation. . As evidenced by the video clips and by Respondent’s own admission, Respondent has provided inadequate supervision and failed to take adequate measures to ensure the safety of her students, has failed to plan and/or carry out student activities to keep them sufficiently engaged and has periods of time when no instruction is occurring. . Such actions by the Respondent are in violation of School Board Policies and constitute misconduct in office, willful neglect of duty, gross insubordination, conduct unbecoming a public employee and a breach of Respondent's employment agreement with the School Board. 10. Said violations are sufficient grounds to sever the professional services contract Status of Respondent, Arlene Rios, and to terminate her employment with the School Board of Orange County, Florida. THEREFORE, the Superintendent of Schools for the School Board of Orange County, Florida, recommends that the Board sever its professional services contract relationship with the Respondent and terminate immediately the employment of Respondent, Arlene Rios and authorize the General Counsel to assign counsel in this matter. Dated this / day of May, 2007. Superintendent, The School Board of Orange County, Florida 445 W. Amelia Street Orlando, Florida 32801 (407)317-3411

Docket for Case No: 07-004770TTS
Issue Date Proceedings
Jan. 23, 2008 Order Closing File. CASE CLOSED.
Jan. 18, 2008 Consented Motion to Cancel Hearing and Close File, or Alternatively to Hold Hearing in Abeyance Pending Finalization of Settlement Agreement filed.
Dec. 21, 2007 Respondent`s Second Request for Admissions filed.
Dec. 21, 2007 Respondent`s Second Request for Production filed.
Dec. 21, 2007 Respondent`s Notice of Serivce of Second Interrogatories to Petitioner filed.
Dec. 05, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 31 and February 1, 2008; 9:30 a.m.; Orlando, FL).
Dec. 03, 2007 Petitioner`s Notice of Serving Answers to Respondent`s First Set of Interrogatories filed.
Nov. 30, 2007 Joint Motion to Continue Final Hearing filed.
Nov. 28, 2007 Respondent`s Notice of Service of Verified Answers to Petitioner`s First Set of Interrogatories filed.
Nov. 15, 2007 Notice of Taking Depositions (J. Swan, G. Medina, and E. Rosa) filed.
Nov. 15, 2007 Notice of Taking Depositions (of M. Villamide, J. Mohapatra, A. Bishop, E. Rodriguez, L. Stanley, J. Miller, R. Stewart, and V. Edwards) filed.
Nov. 14, 2007 Notice of Appearance (filed by J. Brown).
Oct. 29, 2007 Notice of Hearing (hearing set for December 19 and 20, 2007; 9:30 a.m.; Orlando, FL).
Oct. 29, 2007 Order (Motion for Leave to File Correct Version of the Administrative Complaint is granted).
Oct. 29, 2007 Order of Pre-hearing Instructions.
Oct. 25, 2007 Motion for Leave to File Correct Version of the Administrative Complaint filed.
Oct. 25, 2007 Respondent`s First Request for Production filed.
Oct. 25, 2007 Respondent`s First Request for Admissions filed.
Oct. 25, 2007 Respondent`s Notice of Service of First Set of Interrogatories to Petitioner filed.
Oct. 23, 2007 Joint Response to Initial Order filed.
Oct. 18, 2007 Initial Order.
Oct. 18, 2007 Administrative Complaint filed.
Oct. 18, 2007 Notice of Appearance (filed by A. Demma).
Oct. 18, 2007 Request for Administrative Hearing filed.
Oct. 18, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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