10- 939pPL STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 089-2021 MARY EUGENE ELIZABETH DUPPER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MARY EUGENE ELIZABETH DUPPER. 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 827301, covering the areas of Prekindergarten/Primary Education and Exceptional Student Education, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Gerald Adams Elementary School in the Monroe County School District. MATERIAL ALLEGATIONS 3. On or about May 30, 2007, Respondent, during an annual performance evaluation, failed to meet satisfactory overall performance expectations and performed less than satisfactory in the areas of “Management of Student Conduct,” “Instruction, Organization, and Development,” “Knowledge of Subject Matter,” and, “Evaluation of Instructional Needs.” Respondent’s teaching performance lacked curriculum content and the learning environment was “unacceptable” and “unmanageable.” MARY EUGENE ELIZABETH DUPPER Administrative Complaint Page 2 of S 4, On or about May 30, 2007, Respondent was placed on a professional development plan which included: (a) Observations and feedback provided by senior school administration (b) Training in Pre-kindergarten curriculum (c) Mentoring from ESE Teacher (d) Co-teaching with a mentor (e) Three changes to teacher aide per Respondent’s request (f) Additional materials (g) Additional time to redesign classroom 5. Respondent faiied to attend numerous professional development sessions offered during the Summer of 2007. 6. During the 2007 - 2008 school year, Respondent failed repeatedly to provide a discipline plan to senior school administration officials as directed. 7. On or about Apri! 9, 2008, Respondent, during an annual performance evaluation, failed to meet satisfactory overall performance expectations and performed less than satisfactory in the areas of “Management of Student Conduct,” “Instruction, Organization, and Development,” “Knowledge of Subject Matter,” “Evaluation of Instructional Needs,” and, “Professional Responsibilities.” _Respondent’s failure to improve her instructional and classroom management practice was deemed detrimental to students. 8. On or about April 10, 2008, Respondent was placed on a 90-day performance probationary period to correct deficiencies relating to: (a) Management of Student Conduct: students misbehaving, no consequences for student misbehavior, students leavirig the classroom without Respondent’s knowledge. (b) Instruction, Organization, and Development: inability to plan and develop lessons in line with Pre-K curriculum and student IEPs, no focus to curriculum presentation in classroom, not keeping students engaged. (c) Knowledge of Subject Matter: failure to utilize school district implemented “Galileo” curriculum lending itself to no scope and sequence to Respondent’s teaching method. MARY EUGENE ELIZABETH DUPPER Administrative Complaint Page 3 of 5 (d) Evaluation of Instructional Needs: no documentation to gauge student progress and therefore-no basis to support lesson plan development. (e) Professional Responsibilities: missing directed deadlines and not attending after school and evening programs. 9. On her performance evaluation, dated June 7, 2008, Respondent failed to meet satisfactory overall performance expectations and performed less than satisfactory in the areas of “Management of Student Conduct,” “Instruction, Organization, and Development,” “Knowledge of Subject Matter,” “Evaluation of Instructional Needs,” and, “Professional Responsibilities.” 10. During September 2008, Respondent failed to produce lesson plans as directed by senior school administration officials. 11. | Dering September and October 2008, a series of observations were conducted to evaluate Respondent’s teaching performance and a final evaluation was prepared on or about October 30, 2008. Based on those observations, Respondent’s performance was found to be unsatisfactory and a recommendation for termination would be forwarded to the District Superintendent. 12. By letter dated November 14, 2008, Respondent was informed by the District Superintendent that, due to her documented deficiencies in both curticulum development and instructional practice, and her failure to make adequate improvements, her continued employment STIUCTN vas ne longer justifiable. 13. | On October 27, 2009, Respondent’s employment was terminated. 14. Respondent is in violation of Section 1012.53{1), Florida Statutes, in that Respondent has failed to work diligently and faithfully to help students meet or exceed annual learning goals. 15. Respondent is in violation of Section 1012.53(2), Florida Statutes, in that Respondent failed to perform duties prescribed by rules of the district school board. 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 schooi system or to teach in or to operate a private school. MARY EUGENE ELIZABETH DUPPER Administrative Complaint Page 4 of 5 COUNT 2: 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. COUNT3: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. COUNT 4: The Respondent is in violation of Section 1012.795(1){k), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. 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. (SIGNATURE ON FOLLOWING PAGE) MARY EUGENE ELIZABETH DUPPER Adminisirative Complaint Page 5 of 5 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 recornmends 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 25'S day of Rori | , 2010. Commissioner of Education State of Florida

Docket for Case No: 10-009398PL