ICES ‘ON STATE OF FLORIDA EDUCATION PRACTICES commibsitty E D OSMAR-2 py 3, 52 (A-(eePO tmp. Apu DR. ERIC J. SMITH, as Commissioner of Education, At HIN i The ve Petitioner, HEAR INGS vs. CASE NO. 078-3255-Y PATRICIA ANN BARTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against PATRICIA ANN BARTON. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 871045, covering the areas of Elementary Education and English to Speakers of Other Languages, which is valid through June 30, 2011. 2. Atall times pertinent hereto, the Respondent was employed as a Mathematics Teacher at Benito Middle School in the Hillsborough County School District. MATERIAL ALLEGATIONS 3. On or about November 22, 2005, the Respondent’s supervisor conducted aclassroom observation and issued written directives regarding the Respondent’s lesson plans, preparation for the Florida Comprehensive Assessment Test (FCAT), grade assessments, and classroom management. PATRICIA ANN BARTON Administrative Complaint Page 2 of 3 4. As reflected in her December 15, 2005 evaluation, during Fall 2005, the Respondent failed to meet satisfactory performance in the following areas: planning and preparation, professional behaviors, techniques of instruction, classroom management, and instructional effectiveness. 5. On or about February 3, 2006, the Respondent’s supervisor issued written directives to the Respondent regarding her teaching techniques, FCAT Preparation, grade assessment, and classroom management. . 6. In or around February of 2006, the Respondent failed to attend any of three training sessions on administration of the FCAT, and the school had to assign another teacher to administer the FCAT to the Respondent’s class. 7. On or about March 14, 2006, the Respondent’s supervisor issued directives to the Respondent concerning teaching subjects at the designated times and classroom management, 8. As reflected in her April 10, 2006 evaluation, during Spring 2006, the Respondent failed to meet performance expectations in the following areas: planning and preparation, professional behaviors, techniques of instruction, classroom management, and instructional effectiveness. : 9. Onor about June 16, 2006, the Respondent received a letter of reprimand from the school district due to having slapped a student’s hand and having pushed the student. 10. _ In fall of 2006, the Respondent continued to have unsatisfactory performance in her lesson plans, curriculum, classroom management, grade assessment, and teaching techniques. On or about September 14, 2006, the school principal issued the Respondent written directives regarding these areas. 11. On her fall evaluation dated December 14, 2006, the Respondent failed to meet satisfactory performance in the following areas: planning and preparation, professional behaviors, and instructional effectiveness. 12. On her spring evaluation dated April 14, 2007, the Respondent failed to meet satisfactory performance in the following areas: planning and preparation, professional behaviors, techniques of instruction, and instructional effectiveness. 13. On or about April 21, 2008, the School Board of Hillsborough County issued an order terminating the Respondent’s employment, finding that she violated the Hillsborough County Teachers’ Tenure Act (Act) by “persistent violation of or willful refusal to obey Jaws or policies relating to public schools,” and that she violated the Act by failing to “demonstrate competency to perform the duties of employment in instruction, evaluation, and management of students in PATRICIA ANN BARTON Administrative Complaint Page 3 of 3 accordance with generally accepted standards of the profession.” The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), 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. 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; determining the Respondent to be ineligible for certification; 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 Qh day of ( Toler , 2008. EZ DR. ERIC TH, as Commissioner of Education State of Florida

Docket for Case No: 09-001166PL