Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: LINDA ASHLEY
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: Miami, Florida
Filed: Jan. 13, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 8, 2011.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
DR. ERIC J. SMITH, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 056-2618-W
LINDA ASHLEY,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against LINDA ASHLEY. The Petitioner secks 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 329981, covering the areas of
English and Reading, which is valid through June 30, 2013.
2. At all times pertinent hereto, the Respondent was employed as an English Teacher
at Barbara Goleman Senior High School in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3, During February 2003, Respondent became aware that she was 6 college credits or
120 in-service credits short of renewal requirements for her educator’s certificate which was due to
expire in June 2003.
4. Upon Respondent’s request, Respondent’s husband referred her to the Move On
Toward Education and Training (MOTET) program. Respondent registered with the program and
paid over $1600 for tuition.
Filed January 13, 2011 11:23 AM Division of Administrative Hearings
LINDA ASHLEY
Administrative Complaint
Page 2 of 3
5. Respondent attended no more than 4 classes. Respondent had no textbooks, no
syllabi, no tests or assignments.
6. Respondent assumed she would receive 3 college credits when she signed up with
the MOTET program in February 2003 but when Respondent received a transcript in March 2003,
it reflected 6 college credits awarded through the program.
7. During the year 2003, Respondent fraudulently submitted the 6 credits from Eastern
Oklahoma State College (EOSC) through the MOTET program to renew her certification in the
subject area of English. The MOTET courses required no work or a minimum amount of work or
academic effort and Respondent knew or should have known that the cotirses were not sufficient to
satisfy renewal requirements.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT i: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes,
in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means.
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.
COUNT 3: The Respondent is in violation of Section 101 2.795(1)(), Florida Statutes, in
that Respondent has violated the Principles of Professional Conduct for the Education Profession
prescribed by State Board of Education rules.
RULE VIOLATIONS
COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or
misrepresented facts concerning an educational matter in direct or indirect public expression.
COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-
1.006(5)(a), Florida Administrative Code, in that Respondent bas failed to maintain honesty in all
professional dealings.
(SIGNATURE ON FOLLOWING PAGE)
LINDA ASHLEY
Administrative Complaint
Page 3 of 3
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.
on this hata Gay
EXECUTED on this JU day or Anaust 2009,
7s)
DR. ERIC J/SMITH, as
Commissioner of Education
State of Florida
Docket for Case No: 11-000235PL
Issue Date |
Proceedings |
Apr. 08, 2011 |
Order Closing File. CASE CLOSED.
|
Apr. 06, 2011 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Mar. 17, 2011 |
Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
|
Feb. 15, 2011 |
Notice of Serving First Request for Production of Documents to Petitioner filed.
|
Feb. 15, 2011 |
Notice of Serving of Interrogatories to Petitioner filed.
|
Jan. 25, 2011 |
Notice of Appearance (of M. Herdman) filed.
|
Jan. 21, 2011 |
Order of Pre-hearing Instructions.
|
Jan. 21, 2011 |
Notice of Hearing by Video Teleconference (hearing set for April 15, 2011; 9:00 a.m.; Miami and Tallahassee, FL).
|
Jan. 20, 2011 |
Joint Response to Initial Order filed.
|
Jan. 20, 2011 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Jan. 20, 2011 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Jan. 20, 2011 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Jan. 13, 2011 |
Initial Order.
|
Jan. 13, 2011 |
Election of Rights filed.
|
Jan. 13, 2011 |
Agency referral filed.
|
Jan. 13, 2011 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Jan. 13, 2011 |
Administrative Complaint filed.
|