Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: AMANDA RACHEL JACOBS
Judges: J. D. PARRISH
Agency: Department of Education
Locations: Orlando, Florida
Filed: Dec. 23, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 20, 2010.
Latest Update: Dec. 27, 2024
DR. ERIC J. SMITH, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 078-3507
AMANDA RACHEL JACOBS,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against AMANDA RACHEL JACOBS. 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 956264, covering the areas of
Pre-Kindergarten/Primary Education and Exceptional Student Education, which is valid through
June 30, 2013.
2. At all times pertinent hereto, the Respondent was employed as a Teacher at
Bonneville Elementary School in the Orange County School District.
MATERIAL ALLEGATIONS
3. During the 2007/2008 school year, the Respondent failed to keep accurate
measurements of students’ progress toward the goals stated in their Individual Education Plans
(EPs). The Respondent falsified student records as follows:
A. The Respondent indicated on student records that she had assessed students
on days when the students were absent, and on days when school was not in
session;
AMANDA RACHEL JACOBS
Administrative Complaint
Page 2 of 4
B. The Respondent indicated on student records that students were absent (and
therefore not assessed) when they were actually present;
C. The Respondent falsely indicated she had assessed students’ progress
towards goals prior to the goals being established;
D. The Respondent completed two conflicting monthly assessment forms for
J.B. for September and two conflicting assessment forms for October 2007.
In addition, the Respondent falsified records for J.B.’s IEP “goal 2B” and/or
failed to accurately assess his progress toward this goal, as evidenced by the
fact that he was documented as “inconsistently participates” in months
immediately preceding the winter holiday break, and showed immediate,
invariable mastery in the days following the winter break; and
E. The Respondent failed to assess and document monthly progress for one or
more students for one or more months.
4. As a result of the Respondent’s failure to adequately assess students, failure to
document assessment, and falsification of student records, the school was unable to accurately assess
student progress toward their IEPs. The school was forced to offer all students in the class an
extended year program to safeguard their progress.
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. ;
COUNT 2: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude as
defined by rule of the State Board of Education.
COUNT 3: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes,
in that Respondent has been found guilty of personal conduct which seriously reduces her
effectiveness as an employee of the school board.
COUNT 4: The Respondents in violation of Section 1012.795(1 }G), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules.
AMANDA RACHEL JACOBS
Administrative Complaint
Page 3 of 4
RULE VIOLATIONS
COUNT 5: 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 6: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(3)(d), Florida Administrative Code, in that Respondent has intentionally suppressed or
distorted subject matter relevant to a student’s academic program.
COUNT 7: 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: The Respondentis 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)
AMANDA RACHEL JACOBS
Administrative Complaint
Page 4 of 4
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 peried 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 Us day of Rbruon , 2009.
Commissioner of Education
State of Florida
Docket for Case No: 09-006986PL
Issue Date |
Proceedings |
Aug. 11, 2010 |
Transmittal letter from Claudia Llado forwarding the Deposition of Erica Kmak to the agency.
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Jul. 20, 2010 |
Order Closing File. CASE CLOSED.
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Jul. 19, 2010 |
Stipulated Motion to Close File and Relinquish Jurisdiction filed.
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Jul. 19, 2010 |
Amended Prehearing Stipulation filed.
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Jul. 19, 2010 |
Prehearing Stipulation filed.
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Jul. 15, 2010 |
Agency`s court reporter confirmation letter filed with the Judge.
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Jul. 13, 2010 |
Notice of Transfer.
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Jul. 02, 2010 |
Notice of Substitution of Counsel (filed by T. Resavage) filed.
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Jul. 01, 2010 |
Deposition of Erica Kmak filed.
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Jul. 01, 2010 |
Notice of Filing Transcript.
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May 28, 2010 |
(Amended) Notice of Taking Deposition filed.
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May 28, 2010 |
Notice of Taking Deposition (of E. Kmak) filed.
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May 13, 2010 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for July 21, 2010; 9:00 a.m.; Orlando, FL).
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May 11, 2010 |
Joint Motion to Continue Formal Hearing filed.
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May 05, 2010 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for June 1, 2010; 9:00 a.m.; Orlando, FL).
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May 03, 2010 |
Petitioner's Agreed Upon Motion to Continue Formal Hearing filed.
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Mar. 03, 2010 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for May 11, 2010; 9:00 a.m.; Orlando, FL).
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Mar. 02, 2010 |
Petitioner's Agreed Upon Motion to Continue Formal Hearing filed.
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Jan. 06, 2010 |
Order of Pre-hearing Instructions.
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Jan. 06, 2010 |
Notice of Hearing (hearing set for March 18, 2010; 9:00 a.m.; Orlando, FL).
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Dec. 29, 2009 |
Petitioner's Response to Initial Order filed.
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Dec. 29, 2009 |
(Respondent's) Response to Initial Order filed.
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Dec. 23, 2009 |
Initial Order.
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Dec. 23, 2009 |
Administrative Complaint filed.
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Dec. 23, 2009 |
Election of Rights filed.
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Dec. 23, 2009 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
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Dec. 23, 2009 |
Agency referral filed.
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