Jul 2 2009 16:27 2009-07-02 16:26 >> 8509216847 =P 8/20 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA JAMES F. NOTTER, as Superintendent of Schools, Petitioner, Vv. DIANE HOTHAN Respondent, ——!/ ADMINISTRATIVE COMPLAINT Petitioner, James F. Notter, Superintendent of Schools (“Petitioner”), files this Administrative Complaint against, DIANE HOTHAN (“HOTHAN”). The Petitioner seeks the termination of Respondent’s employment with The School Board of Broward County, pursuant to Sections 1001.51, 1012,27(5), 1012.33 and 1012.34, Florida Statutes. The Petitioner alleges the following: JURISDICTIONAL BASIS 1. The agency is The School Board of Broward County, Florida, (“SBBC”), which is located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. The SBBC, is a duly constituted school board charged with the duties to operate, control and supervise all public schools within the school district of Broward County, Florida, pursuant to Article IX § 4(b), Fla. Const. 2, Petitioner is the Superintendent of Schools for Broward County, Florida. 3. Petitioner is statutorily obligated to recommend the placement of school personnel Jul 2 2009 16:28 2009-07-02 16:26 >> 8509216847 =P 9/20 and to require compliance and observance with all laws, rules and regulations. Petitioner is authorized to report and enforce any violation thereof, together with recommending the appropriate disciplinary action against any instructional personnel employed by the Broward County School Board. 4, Respondent, was employed, at all times material herein, by the Broward County School Board as a teacher pursuant to a Professional Services Contract and holds a Florida Educational Certificate. MATERIAL ALLEGATIONS 5. The school district has implemented a performance assessment system in conformity with Section 1012.34, Florida Statutes known as Instructional Personnel Assessment System (“IPAS”). 6. Respondent’s employment began on August 29, 1984. Respondent worked at a number of schools including Nova Middle School during the 1989-2001 school years. The Respondent transferred from the Nova Middle School to Olsen Middle School during the 2001/2002 school year. 7, During this period, Respondent’s performance was marginal. There were several student and parent complaints regarding inappropriate comments and negativity with students. Several parents demanded schedule changes. Respondent’s performance came under scrutiny. A conference was held with Respondent to discuss her performance on December 12, 2001. Thereafter, Respondent was provided assistance by the administration, Jul 2 2009 16:28 2009-07-02 16:27 >> 8509216847 =P 10/20 8. During the 2002/2003 school year, several student and parent complaints were received by the principal regarding Respondent’s negative interactions with the students. Respondent was later given a reprimand in December 2002 for her insubordination and refusal to attend an infortnal conference with the principal to discuss these complaints. 9. On December 13, 2002, principal held a conference with Respondent to discuss her performance. Respondent filed two (2) grievances which were denied. On February 11, 2002, Respondent was requested to meet with her principal regarding her performance issues. Thereafter, on March 26, 2002, Respondent requested a transfer to an elementary school. 10. In May 2003 and following several parent/student complaints, Respondent was provided written notice by her principal of an investigation regarding alleged ethical violations in her interactions with students. 11. — At the start of the 2003/2004 school year the Respondent claimed an injury while breaking up a fight between two students. Thereafter, Respondent filed grievances and other legal claims. In October of 2003, Respondent was transferred to Silver Shores Elementary School following a conference with Respondent’s representatives. 12. The principal became aware of Respondent’s performance problems, but was assigned to another position before Respondent’s performance could be formally assessed. 13. During the first month of the 2004/2005 school year, the next principal received several parent complaints, resulting in six (6) of Respondent’s twenty-two (22) students being removed from her class. Jul 2 2009 16:28 2009-07-02 16:27 >> 8509216847 =P 11/20 14. In October 2004, the Respondent was reassigned as a Core Reading teacher in which the Respondent was given small groups of students. The purpose of the transfer was to minimize parental complaints and eliminate grading issues. The new principal’s responsibilities in the school prevented her from placing Respondent on a Performance Development Plan (“PDP”). 15. During the 2003/2006 school year the Respondent was repeatedly tardy, after which the administration documented twenty-two (22) occasions in which the Respondent was tardy between January 19, 2006 through March 7, 2006. On one occasion, Respondent was observed in the parking lot on her cell phone. Respondent informed the assistant principal that being in the parking lot was “on time”. When advised that Respondent was required to be in her classroom and ready to proceed with her duties at the allotted time, Respondent stated “You're lucky I'm even here at all” The Respondent was given a written directive regarding her tardiness on March 7, 2006. 16. Further, during the 2005/2006 school year, several parents complained regarding the Respondent’s yelling and making negative comments at the students. 17. The Respondent was verbally advised by the principal that she would be placed in a regular second grade classroom the following school year and required to perform all the duties and responsibilities. The principal intended to monitor the Respondent’s performance as a classroom teacher. Instead, the Respondent requested to be voluntarily surplused, which necessitated her transfer to another school. 18. In August of 2006, the Respondent transferred from Silver Shores Elementary as a voluntary surplus teacher to Norcrest Elementary. The available position sought by the Jul 2 2009 16:29 2009-07-02 16:27 >> 8509216847 =P 12/20 Respondent was advertised as a first grade position. However, Respondent was placed in a second grade position, and provided a hand picked class with no behavioral problems, Respondent was offered an opportunity to rescind her request for a transfer. Instead, Respondent chose to take the second grade class as selected. 19. At the time of the transfer, Respondent brought eighty (80) boxes of materials, which were stored in the classroom. Most of the materials were either outdated, obsolete or inappropriate for the grade level. Despite several requests, Respondent delayed removing the materials. The administration finally packed and stored the materials, which were eventually removed from the campus by the Respondent. 20. There were a number of parent complaints regarding Respondent which required the removal of several students from her class. There was also a notable drop in the student achievement scores during the school year. 21. During the 2007/2008 school year, the Respondent was provided assistance in an attempt to improve her performance. Subsequently, she was placed on a PDP in December of 2007. Once again, her students grade scores dropped during this period. Respondent was issued an unsatisfactory evaluation on April 9, 2008, noting three (3) areas of unsatisfactory performance - lesson presentation, student performance and class room management. 22. At this meeting, Respondent’s representative requested a second ninety (90) calendar day probation period. The request was granted and the notice was provided to the Respondent. During the discussion regarding the formulation of the PDP, Respondent announced she became ill and left the meeting. Respondent remained out for sixteen (16) of the next seventeen (17) work days thereby preventing the completion of the PDP. Jul 2 2009 16:29 2009-07-02 16:28 >> 8509216847 =P 13/20 23. Respondent’s contract was renewed pursuant to the collective bargaining agreement “CBA” for the 2008/2009 school year. 24. — Following her return for the 08/09 school year, a written notice setting a meeting for September 3, 2008, was provided to the Respondent on August 27, 2008, for the purpose of formulating a PDP. 25. At the September 3 meeting, Respondent was provided , a written notice of a ninety (90) calendar day probation period. There were three (3) meetings in an attempt to complete the PDP. The final attempt was on September 12, 2008. Instead, Respondent sent an email requesting to be surplused which necessitated a transfer to another school pursuant to the CBA. 26. On the same day, Respondent, through her attorney, filed her Notice of Intent to sue the school district and her principal unless Respondent was given an immediate transfer. The Respondent was granted a transfer to Lyons Middle School with the understanding that the assessment of her performance would continue at her new assignment. 27. Respondent started her next assignment as a sixth grade teacher at Lyons Creek Middle School on September 23, 2008 as a sixth grade teacher, Respondent’s performance was first assessed by the principal, who had concerns regarding her performance. Respondent was provided assistance in correcting her performance deficiencies prior to being placed on a probationary period.. 28. Immediately after her arrival, Respondent’s conduct caused several student/parent complaints regarding Respondent's discussion of religious topics and requiring the students to pray, Jul 2 2009 16:29 2009-07-02 16:28 >> 8509216847 =P 14/20 29. The Respondent was given a Three Day Notice to meet with the administration to compose a PDP on November 18, 2008, Respondent either refused to attend or avoided attendance at two subsequent meetings despite repeated memos and directives by either calling in sick or claiming that she lacked knowledge of the meeting. Finally, a PDP Conference was noticed through the Respondent’s union representative in which the Respondent failed to appear on January 12, 2009. 30. Respondent’s conduct with a student on December 16, 2008 resulted in a written reprimand being issued on January 15, 2009. Numerous parents complained concerning the Respondent's refusal to allow students to use the restroom facilities, punishing the entire class for a single student’s misbehavior, and yelling and otherwise being verbally abusive to students. On February 16, 2008, the Respondent called a female student a “bitch” and “a vicious dog”. 31. That on January 12, 2009 the Respondent was placed on a PDP Plan, which identified performance deficiencies in three (3) areas: Classroom Management, Lesson Presentation and Student Performance. 32. That during the course of the PDP, the Respondent was formally observed on a number of occasions by the principal, assistant principal and other educators and was found below standard in the noted areas. The principal conferred with the Respondent and her representatives made recommendations with respect to specific areas of unsatisfactory performance and otherwise provided assistance to help Respondent correct her performance deficiencies. 33. That during the PDP, it was noted that (a) Respondent refused to follow directions and recorded students present when they were absent in violation of School Board Policy 5.5; (b) Respondent had thirty-seven (37) student referrals; (c) Respondent failed to timely register and Jul 2 2009 16:30 2009-07-02 16:28 >> 8509216847 =P 15/20 provide student grades for interim reports; (d) Respondent recorded one hundred percent (100%) for every student on their first five (5) assignments and then failed to record any grades for the students’ next seven (7) assignments; (e) Respondent advised one (1) or more students, that they had failing grades, when, in fact, they had an A or B grade; and (f) Respondent had only three (3) assignments for the entire nine (9) week grading period in the second quarter of the school year. 34, In December, Respondent failed to appear for the team meeting to cover instructions for completing state fluency assessments. Subsequently, Respondent was personally provided instructions on more then one occasion on scoring and completing the assessments. In April of 2009, the Respondent failed to enter the actual test scores and back dated the report with the students latter score. 35. Further, in April of 2009 the Respondent failed to post student test scores for the San Diego Assessment. The Respondent failed to timely grade assignments and enter the grades until October 2008. Thus, Respondent failed to enter student scores in January of 2009 and later failed to timely register and provide student grades for interim reports in February of 2009 Following Respondent’s removal from the classroom in May 5th,2009, a substantial number of student assignments were found ungraded. 36. Respondent was notified of her failure to correct the noted performance deficiencies and the unsatisfactory IPAS evaluations dated May 5, 2009. Subsequently, Respondent’s principal notified the Petitioner of his recommendation that Respondent’s employment be terminated. 37. On May 29, 2009 and June 4, 2009, notice was provided to the Respondent Jul 2 2009 16:30 2009-07-02 16:29 >> 8509216847 P 16/20 recommending termination of her professional services contract for failure to correct the noted performance deficiencies within the ninety (90) calendar day probationary period. 38. That pursnant to the statutory citations noted in the Petitioner’s May 20" and June 4" correspondence to the Respondent, the School Board of Broward County may terminate an employment contract of a teacher who holds a professional service contract for their failure to correct performance deficiencies. The Respondent failed to correct the noted deficiencies during her performance probation and accordingly, the Respondent’s employment contract should be terminated. ADMINISTRATIVE CHARGES 39. Just cause exists for the requested relief, pursuant to Fla. Stat. §§ 1012.33(1)(a). Respondent's employment contract and School Board rules and regulations, including but not limited to the following: COUNT 1: FAILURE TO CORRECT PERFORMANCE DEFICIENCIES 40. Respondent has failed to correct her noted performance deficiencies over a two (2) year period in violation of Florida Stat. 1012.34 and constitutes just cause for termination of her contract of employment pursuant to Section 1012.33(1)(a), Fla. Stat. COUNT 2: INCOMPETENCY 41. Respondent has violated Fla. Stat. § 1012.33, and Rule 6B-4.009(1) of the Florida Administrative Code. Respondent is incompetent to perform her contractual obligation by reason of her inability or lack of fitness to discharge her required duty as a result of inefficiency or incapacity. COUNT 3: GROSS INSUBORDINATION/WILLFUL NEGLECT OF DUTIES Jul 2 2009 16:30 2009-07-02 16:29 >> 8509216847 =P 17/20 42. Respondent’s actions in refusing to obey a direct order, reasonable in nature and given by and with proper authority is violative of Rule 6B-4.009(4) of the Florida Administrative Code. COUNT 4: MISCONDUCT IN OFFICE 43. Respondent has violated Fla. Stat. 1012.33 and Rule 6B-4.009(3) of the Florida Administrative Code. Respondent’s acts are defined as a violation of the Code of Ethics of the Educational Profession as adopted in Rule 6B-1.001 F.A.C. and of Principles of Professional Conduct for the Educational Provisions in Florida, as adopted by Rule 6B-1.006, F.A.C., which are $0 serious so as to impair the individual's effectiveness in the school system, which includes the following: (3) Obligation to the student requires that the individual: (a) shall make a reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety. (b) shall not unreasonably restrain a student from independent action in pursuit of learning. (e) shall not intentionally expose a student to unnecessary embarrassment or disparagement. (f) shall! not intentionally violate or deny a student’s legal rights. 44. This Administrative Complaint is brought pursuant to the authority outlined in Fla. Stat. 8§ 120.57; 1001.42; 1012.22; 1006.07; 1006.28; 1006.21; 1001.50; 1001.49; 1001.51; 1012.27; 1006.08; 1012.33(1)(a); 1012.34 and Chapters 6B-1 and 6B-4 of the Florida Administrative Code. Jul 2 2009 16:31 2009-07-02 16:29 >> 8509216847 P 18/20 DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, James F. Notter, Superintendent of Schools, requests the Division of Administration Law Judge, enter a recommended order incorporating the findings of fact and conclusions of law with a recommendation that the Respondent's employment contract with the Broward County School Board be terminated. EXECUTED this_~30 day of June, 2009, ESF. Z Mites > Superintendent of Schools, Broward County Prepared by Charles T. Whitelock, P.A.

Docket for Case No: 09-003550TTS