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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs MARSHA RIEFS, 08-005407PL (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005407PL Visitors: 25
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: MARSHA RIEFS
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Oct. 28, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 3, 2008.

Latest Update: Nov. 17, 2024
oKs4oTP Le STATE OF FLORIDA EDUCATION PRAGHICES-COMMISSION DR. ERIC J. SMITH, as 208 CCr 28 ATE 21 Commissioner of Education, DIVISIGN OF i CMHUSTRATIVE Petitioner, HEARINGS vs. CASE NO. 067-3871-A MARSBHA RIEFS, . Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative _ Complaint against MARSHA RIEFS. 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 280377, covering the areas of Health Education, Guidance and Counseling, Physical Education, and Middle Grades, which is valid through June 30, 2010. 2. Atall times pertinent hereto, the Respondent was employed as a Guidance Counselor and Exceptional Student Education Coordinator at Rickards Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. In or around October 2006, the Respondent falsified student records by fabricating English language proficiency test booklets, test dates, and test scores for multiple students enrolled in the English for Speakers of Other Languages (ESOL) program. 4. In or around October 2006, the Respondent submitted false information relating to criteria for students’ exit from the ESOL program for entry into the school’s student record database. _MARSHA RIEFS Administrative Complaint Page 2 of 3 The Petitioner charges: 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)(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. COUNT3: The Respondentis in violation of Section 1012.795(DW), 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(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNTS: TheRespondentis in violation of Rule 6B.1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) eo @ MARSHA RIEFS 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 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 educator’s certificate for 2 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 ZU aay of Dune , 2008. Commissioner of Education State of Florida

Docket for Case No: 08-005407PL
Issue Date Proceedings
Dec. 04, 2008 Notice of Cancellation of Deposition filed.
Dec. 03, 2008 Order Closing File. CASE CLOSED.
Dec. 03, 2008 Motion to Relinquish Jurisdiction filed.
Nov. 21, 2008 Notice of Taking Depositions (2) filed.
Nov. 14, 2008 Re-Notice of Taking Depositions filed.
Nov. 10, 2008 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Nov. 10, 2008 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Nov. 10, 2008 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Nov. 07, 2008 Notice of Taking Depositions filed.
Nov. 06, 2008 Order Directing Filing of Exhibits.
Nov. 06, 2008 Order of Pre-hearing Instructions.
Nov. 06, 2008 Notice of Hearing by Video Teleconference (hearing set for January 8 and 9, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Nov. 04, 2008 Unilateral Response to Initial Order filed.
Oct. 28, 2008 Initial Order.
Oct. 28, 2008 Election of Rights filed.
Oct. 28, 2008 Administrative Complaint filed.
Oct. 28, 2008 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Oct. 28, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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