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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs SANDRA ANN BARNES, 11-005634PL (2011)

Court: Division of Administrative Hearings, Florida Number: 11-005634PL Visitors: 8
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: SANDRA ANN BARNES
Judges: JOHN D. C. NEWTON, II
Agency: Department of Education
Locations: Fort Lauderdale, Florida
Filed: Nov. 02, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 27, 2011.

Latest Update: Dec. 26, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 096-2799 Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against SANDRA ANN BARNES. 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. JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 364225, covering the areas of Early Childhood Education, Elementary Education, and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2014. at Coconut Palm School in the Broward County School District. 2. Atall times pertinent hereto, the Respondent was employed as a First Grade Teacher MATERIAL ALLEGATIONS 3. During the 2009-2010 school year, Respondent proved incompetent to perform the duties of a teacher employed by the Broward County School District (“District”). 4, On or about September 18, 2009, Respondent was notified by written memorandum of an unsatisfactory classroom observation conducted by Principal Terri Thelmas. Among the concerns noted by Principal Thelmas were that students had been left unsupervised in the morning twice during that week, and that interim reports did not reflect individual students’ performances. Filed November 2, 2011 10:20 AM Division of Administrative Hearings SANDRA ANN BARNES Administrative Complaint Page 2 of 4 5. On or about September 29, 2009, Respondent was notified by written memorandum of an unsatisfactory classroom observation conducted by Principal Terri Thelmas. Among the concerns noted by Principal Thelmas were that the lesson plans did not reflect what was taught, and the material being taught was not in the Instructional Focus Calendar. 6. On or about October 1, 2009, Respondent was notified by written memorandum of an unsatisfactory classroom observation conducted by Principal Terri Thelmas. Among the concerns noted by Principal Thelmas were that Respondent was ten days behind the schedule set by the Instructional Focus Calendar; the lesson that was taught was ‘watered down”; students were off task; and that Principal Thelmas had two requests from parents that week to remove their children from Respondent’s class. 7. On or about October 16, 2009, Respondent was placed on a 90-day Performance Development Plan. 8. On or about October 28, 2009, Respondent failed to properly supervise first-grade male student R.C., in that Respondent left R.C. unsupervised on the playground. 9. On or about February 12, 2010, Respondent was notified by written memorandum of an unsatisfactory classroom observation conducted by Principal Terri Thelmas. Among the concerns noted by Principal Thelmas were that the lesson was too long for what was being taught; the students were off task; and the lesson plan reflected a lesson that was not taught. 10. On or about February 19, 2010, Respondent failed to properly supervise first-grade male student LS. A teacher found 1S. wandering in the hallway, and LS. appeared to be scared, distraught, and lost. Respondent did not realize that I.S. was absent from her class, 11. On her Instructional! Personnel Assessment System evaluation for the 2009-2010 school year, Respondent received an overall performance rating of Unsatisfactory. 12. The 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. 13. The 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 i: 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 SANDRA ANN BARNES Administrative Complaint Page 3 of 4 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)}(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 Respondentis in violation of Section 1012.795(1)(j), 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(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 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) SANDRA ANN BARNES 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 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. ai EXECUTED on this yg day of a) Ll , 2011. Karr JOHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 11-005634PL
Issue Date Proceedings
Dec. 27, 2011 Order Relinquishing Jurisdiction. CASE CLOSED.
Dec. 22, 2011 Rerspondent's Notice of Waiver filed.
Dec. 19, 2011 Notice of Service of Respondent's Response to Petitioner's Request for Admissions filed.
Dec. 14, 2011 Order Extending Date for Filing Pre-hearing Stipulation.
Dec. 14, 2011 Petitioners' Joint Response to Respondent's Motion for Continuance/Petitioners' Request for Pre-trial Stipulation (filed in Case No. 11-005634PL).
Dec. 14, 2011 Petitioners' Joint Response to Respondent's Motion for Continuance/Petitioners' Request for Pre-trial Stipulation filed.
Dec. 13, 2011 Order Denying Continuance of Final Hearing.
Dec. 12, 2011 Motion for Continuance filed.
Dec. 12, 2011 Order of Pre-hearing Order.
Dec. 01, 2011 Notice of Re-scheduling of Telephonic Pre-hearing Conference (set for December 9, 2011; 2:00 p.m.).
Nov. 30, 2011 Respondent's Unopposed Motion to Reset Pretrial Conference filed.
Nov. 17, 2011 Notice of Transfer.
Nov. 17, 2011 Order of Consolidation (DOAH Case Nos. 10-7771TTS and 11-5634PL).
Nov. 09, 2011 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Nov. 09, 2011 Notice of Service of Petitioner's First Set of Interrogatories filed.
Nov. 09, 2011 Notice of Service of Petitioner's Request for Production to Respondent filed.
Nov. 09, 2011 Joint Motion to Consolidate filed.
Nov. 09, 2011 Joint Response to Initial Order filed.
Nov. 02, 2011 Election of Rights filed.
Nov. 02, 2011 Initial Order.
Nov. 02, 2011 Agency referral filed.
Nov. 02, 2011 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Nov. 02, 2011 Administrative Complaint filed.
Source:  Florida - Division of Administrative Hearings

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