Aug 26 2009 17:39 2009-08-26 17:37 >> 8509216847 =P 7/13 BEFORE AGENCY: THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA JAMES F. NOTTER, Superintendent of Schools, Petitioner, VS. PETITION FOR FORMAL PROCEEDINGS CAROL KELLY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, JAMES F, NOTTER, as Superintendent of Schools of Broward County, Florida, files this Administrative Complaint, and states the following: 1, JURISDICTIONAL BASIS A. The agency is The School Board of Broward County, Florida located at 600 Southeast third Avenue, Ft. Lauderdale, Broward County, Florida 33301. B. The name of the Petitioner is James F. Notter, who is the Superintendent of Schools of Broward County, Florida. His address is located at 600 Southeast Third Avenue, Ft. Lauderdale, Broward county, Florida 33301. Aug 26 2009 17:39 2009-08-26 17:37 >> 8509216847 P 8/13 C. The Petitioner is statutorily obligated to recommend the placement of school personnel, require compliance and observance by all personnel with all laws, rules and regulations. any violation thereof shall be reported with the appropriate disciplinary action against any school personnel failing to comply therewith, inclusive of the Respondent, CAROL KELLY. D. The Respondent, CAROL KELLY, is a teacher of The School Board of Broward County, Florida, holding a professional service contract and was most recently assigned as a teacher at Sawgrass Elementary School. E. The last known address of Respondent is 19919 Villa Lante Place, Boca Raton, Florida 33434. F. The legal basis for Ms. Carol Kelly's termination is for misconduct in office that has been deemed so serious as to impair her effectiveness within the district. (See §1012.33(4)(a), (6)(a). |L_ADMINISTRATIVE CHARGES The Petitioner, JAMES F. NOTTER, alleges as follows: A. That on or about April 1, 2009, the Respondent had inappropriate conduct and contact with students ranging from pulling and grabbing student's person or apparel to yelling very loud at students at Sawgrass Elementary School. Aug 26 2009 17:40 2009-08-26 17:37 ; >> 8509216847 =P 9/13 B. That on or about April 16, 2009, the Respondent grabbed a student, “N.V.", and pushed the student into a desk, causing him to hit his head and shoulder. This also occurred at Sawgrass Elementary School. C. During the investigation of the claims from April 1, 2009, there were several students who reported inappropriate conduct/pushing and pulling on students by the Respondent. Specifically, student S.F. (an 41 year old female), documented on several occasions that the Respondent would grab her by the shoulder and yell in her ear. Student R.C. (13 year old male) documented that the Respondent would grab his shirt as well as other students’ shirts when she is very mad. This student documented this has been ongoing. Student B.F. (12 year old male) documented that the Respondent has pulled on his shirt and other students’ shirts. He claimed that the Respondent would grab him under his shoulder and squeeze to make him sit down. He stated this has been happening throughout the school year. Student ALR. (11 year old male) documented that the Respondent often pulls on his shirt and that she shouts very loudly at the students. D. Student J.A. also provided a statement in which she claimed that she witnessed the Respondent push student A.R. and Fug 26 2009 17:40 2009-08-26 17:38 >> 8509216847 =P 10/13 act as if she was going to hit him when he answered a question and pointed his finger towards the Respondent. This student explained that her fellow student A.R. often points when answering a question, and that the Respondent yelled at him to stop pointing and then raised her hand over his head as if she was going to hit him. E. While investigating the claim that was reported on or about April 16, 2009, student N.V. documented that he dropped his pencil while seated in the Respondent's class. The student described that, when he slid his chair back to pick up the pencil, his chair accidentally hit the Respondent. He states that the Respondent then grabbed his chair and pushed him into the desk, causing him to hit his head and shoulder. This act was observed by several students, including students B.F., S.F., A.R. and R.C. F. The Respondent stated that she recalled the incident with student N.V. She claimed that she was walking to her desk when the student, who had his seat changed for behavior issues, thrust his chair into her private area, causing great pain. She pushed the chair away from her. Respondent noted that student N.V. then apologized to her. She stated that at the moment the incident occurred, she felt as if she was being attacked and she instinctively pushed the chair away from her. She stated that she did not Rug 26 2009 17:40 2009-08-26 17:38 >> 8509216847 =P 11/13 observe or was not aware that the student had been pushed into the desk as reported. G. The Respondent spoke with the investigator, Richard Orzech, and she gave the name of two students who questioned her after this incident with N.V., and asked if she was okay. When the investigator spoke with student L.H., she did recall that N,V. had stid his chair back and when it “bumped into the Respondent she freaked out and started yelling.” Student L.H. stated that Respondent did not appear to be hurt from the incident, and she did not have a conversation with the Respondent after class regarding the incident. H. The other student wnom the Respondent referenced was G.L. Student G.L. stated that she did see the Respondent push N.V. really hard into his desk, She also stated that when she saw the Respondent in the aftercare program, she did ask if sne was okay. Student G.L. stated that the Respondent told her that she often cries because the students are bad. Student G.L. also stated that she had observed the Respondent grab students by the back of their shirt collars and pull hard in the past. L. Besides incidents which occurred on April 1, 2009 and Aprit 16, 2009, the Respondent also had previously discipline arising Flug 40 2003 1fs4t 2009-08-26 17:38 >> 8509216847 =P 12/13 out of a December 21, 2006 charge for inappropriate conduct/pulling and pushing students. This matter was investigated on or about March 22, 2007, and probable cause was established and the Respondent was subsequently suspended for two (2) days, J. That just cause exists for the requested relief, pursuant to Florida Statute §1012.33(1)la), (6a), the Respondent's contract and the School Board's Rules and Regulations, including but not timited to the following: (1) Misconduct in Office: The Respondent, by virtue of the conduct: as factually set forth herein, has violated Chapter 6B-4.009(3) for her acts of inappropriate conduct towards her students. That by reason thereof, the Respondent's misconduct in office has been deemed So serious as to impair her effectiveness within the District. (2) The Respondent by virtue of the conduct, as set forth herein, has violated the Principles of Professional Conduct of the Education Profession, to wit: 6B-1.006(1)(3)(a)\e), which violations are so serious as to impair the Respondent's effectiveness in the school system. I. DEMAND FOR RELIEF A. Petitioner, JAMES F. NOTTER, Superintendent of Schools, hug 26 2UU9 Lesa 2009-08-26 17:39 >> 8509216847 =P 13/13 recommends that The School Board of Broward County immediately terminate tne Respondent, CAROL KELLY, EXECUTED this 2% of July, 2009. Superintendent of Schools FACASEFOLDERS\1029,0087\ADMIN COMPLAINT.wpd

Docket for Case No: 09-004683