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JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION vs SANDRA S. PAYNE, 09-000506PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000506PL Visitors: 19
Petitioner: JEANINE BLOMBERG, AS COMMISSIONER OF EDUCATION
Respondent: SANDRA S. PAYNE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Education
Locations: Sebring, Florida
Filed: Jan. 29, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 23, 2009.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION (036% PCL JEANINE BLOMBERG, as Commissioner of Education, Petitioner, vs. CASE NO. 056-0568-M SANDRA S. PAYNE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against SANDRA S.PAYNE. The Petitioner seeks the appropriate disciplinary sanction. of the Respondent’s educatot’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: 1. The Respondent holds Florida Educator’s Certificate 633340, covering the areas of History, Social Scierice, and Exceptional Student Education, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Sebring High School in the Highlands County School District. MATERIAL ALLEGATIONS 3. On or about August 18, 2005, Respondent struck D.A., an eighteen-year-old, male, mentally disabled student, in the face with her open hand causing him to fall to the floor. On or about August 24, 2005, Respondent was charged with one count of Abuse of Disabled Adult. On or about October 11, 2005, the state attorney’s office nolle prossed the case. SANDRA 8S. PAYNE Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Resporident 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. COUNT2: The Respondent is 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 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. COUNT 4: The allegations of misconduct set forth herein aré in violation of Rule 6B- 1,006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) SANDRA S. PAYNE 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 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 educatcr’s certificate for a period of time up to 10 years or permanently. abl EXECUTED on this 22" day of Marck. 2007. JEANINE BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 09-000506PL
Issue Date Proceedings
Mar. 23, 2009 Order Closing File. CASE CLOSED.
Mar. 19, 2009 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Mar. 10, 2009 Respondent`s Notice of Serving Answers to Petitioner`s First Set of Interrogatories filed.
Mar. 10, 2009 Respondent`s Notice of Serving Responses to Petitioner`s Request for Production filed.
Mar. 09, 2009 Respondent`s Notice of Serving Responses to Petitioner`s Request for Admissions filed.
Feb. 19, 2009 Notice of Serving First Request for Production of Documents to Petitioner filed.
Feb. 19, 2009 Notice of Serving Interrogatories to Petitioner filed.
Feb. 17, 2009 Order of Pre-hearing Instructions.
Feb. 17, 2009 Notice of Hearing (hearing set for April 7, 2009; 9:00 a.m.; Sebring, FL).
Feb. 11, 2009 Notice of Service of Petitioner`s Request for Production to Respondent filed.
Feb. 11, 2009 Notice of Service of Petitioner`s Request for Admissions to Respondent filed.
Feb. 11, 2009 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Feb. 10, 2009 Joint Response to Initial Order filed.
Jan. 29, 2009 Initial Order.
Jan. 29, 2009 Administrative Complaint filed.
Jan. 29, 2009 Election of Rights filed.
Jan. 29, 2009 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 29, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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