STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 101-1778 DEBORAH JEANNE HARKLEROAD, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against DEBORAH JEANNE HARKLEROAD. 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: FORISDICTION i, The Respondent holds Florida Educator’s Cer vow Es e 861451, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), Middle Grades Integrated Curriculum, and Reading, which is valid through June 30, 2016. 2. Atall times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Fruitland Park Elementary School and Beverly Shores Elementary School in the Lake County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 and 2010-2011 school years, while employed by the School District of Lake County (“District”), Respondent proved incompetent to perform the duties of a teacher. 4. On her performance evaluation, dated February 18, 2010, Respondent failed to meet overall satisfactory performance expectations. In the section “Teaching Procedures,” Respondent Filed April 18, 2012 11:15 AM Division of Administrative Hearings DEBORAH JEANNE HARKLEROAD Administrative Complaint Page 2 of 4 was rated unsatisfactory in the subsection titled, “Displays skills in making assignments,” and in the sub-subsection, “Gives clear and explicit directions.” In the section “Classroom Management,” Respondent was rated unsatisfactory in the subsection titled, “Creates and maintains positive environments in which students are actively engaged in learning,” and in the sub-subsections, “Applies the established rules and standards for behaviors” and “Provides conscious modeling to modify attitudes and behaviors.” 5, On her performance evaluation, dated March 26, 2010, Respondent failed to meet overall satisfactory performance expectations. In the section “Classroom Management,” Respondent was rated unsatisfactory in the subsection titled, “Creates and maintains positive environments in which students are actively engaged in learning,” and in the sub-subsections, “Applies the established rules and standards for behaviors” and “Provides conscious modeling to modify attitudes and behaviors.” In the section “Presentation and Knowledge of Subject Matter,” Respondent was rated unsatisfactory in the subsection titled, “Communicates and presents subject matter in a manner that enables students to learn,” and in the sub-subsection “Uses questioning techniques.” 6. On or about March 29, 2010, Respondent was placed on a 90-day Performance Probation Plan, effective between August 23, 2010, and November 23, 2010. 7. in or around August 2010, Respondent transferred to a position as a Third Grade Teacher at Beverly Shores Elementary School for the 2010-2011 school year. 8. On her performance evaluation, dated November 22, 2010, Respondent failed to meet overall satisfactory performance expectations. In the section titled “Presentation and Knowledge of Subject Matter,” Respondent was rated unsatisfactory in the subsection titled, “Communicates and presents subject matter in a manner that enables students to icarn,” and in the sub- subsections “Treats concepts/cause and effect/or states and applies rules,” “Teacher directed/guided practice is provided,” “Uses questioning. techniques,” “Directs lesson,” “Provides periodic review,” and “Poses problems, dilemmas, and questions to promote critical thinking.” 9. On or about December 13, 2010, the District provided written notification to Respondent that she would be. recommended for termination due to her failure to correct performance deficiencies. 10. On or about January 6, 2011, Respondent requested a hearing with the Division of Administrative Hearings (“DOAH”) regarding the recommendation of her termination. On or about March 7, 2011, a DOAH hearing was held on the matter of Respondent’s termination. On or about June 24, 201 1,a DOAH administrative law judge issued a Recommended Order recommending that the District issue a final order terminating Respondent’s employment with the District on the ground of incompetency. On or about August 8, 2011, the District issued a final order terminating Respondent’s employment. DEBORAH JEANNE HARKLEROAD Administrative Complaint Page 3 of 4 ll. On Respondent’s application for renewal of her Florida Educator’s Certificate dated May 10, 2011, Respondent failed to acknowledge the then-current investigative action pending against her, in conflict with her statement on the application that all information provided was true, accurate and complete, in that she answered “No” to the following question: “Do you have any current investigative action pending in this state or any other state against a professional license or certificate or against an application for a professional license or certificate?” On or about December 24, 2010, Respondent had received written notification from the Florida Department of Education Office of Professional Practices Services that an investigation had been opened regarding allegations of Respondent’s failure to perform duties in a competent manner, 12. 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. 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: BS) TE VIOLATION 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)(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)Q), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. ROLE VIOLATIONS COUNT 4: — 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: TheRespondentis in violation of Rule 6B-1.006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) DEBORAH JEANNE HARKLEROAD 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. EXECUTED on this 5 day of March 207. Commissioner of Education State of Flori

Docket for Case No: 12-001446PL