THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA Robert W. Runcie, Superintendent of Schools, Petitioner, PETITION FOR FORMAL PROCEEDINGS v. Ann Morgan, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Robert W. Runcie, Superintendent of Schools of Broward County, Florida, through his undersigned counsel, Law Offices of Carmen Rodriguez, P.A., files this Administrative Complaint, pursuant to Chapters 120, 1001, and 1012 of the Florida Statutes, as well as Chapters 6B-1 and 6B-4 of the Florida Administrative Code, and states the following: i Jurisdictional Basis a. The agency is the School Board of Broward County, Florida, located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. b. The Petitioner is Robert W. Runcie, who is the Superintendent of Schools of Broward County, Florida. c. The Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance and observance with all laws, rules, and regulations. Any violation thereof shall be reported with the appropriate disciplinary action against any school personnel failing to comply therewith, inclusive of the Respondent, Ann Morgan (“Morgan” or “Respondent”). d. Respondent Morgan is an employee of the School Board of Broward County and is currently employed as an Autism Cluster Teacher at Wilton Manors Elementary School. e; Respondent, was employed, at all times material herein, by the School Board of Broward County pursuant to a Professional Services Contract. 2: Specific Charges The Petitioner Robert W. Runcie, alleges as follows: a. Respondent Morgan, an autism cluster teacher at Wilton Manors Elementary School, has committed misconduct in office pursuant to Rule 6B-4.009(3), F.A.C. b. On October 10, 2011 Morgan received a written reprimand for failing to adequately supervise her students when she failed to report a missing student. As an autistic cluster teacher, Morgan’s students require constant supervision. Failure to properly provide this supervision greatly increases the risk of harm to her students. Ci Morgan’s conduct toward the parents of her students as well as her colleagues is in direct contravention of the Rules governing the Education Profession in Florida. On May 25, 2011, Principal Narkier provided a letter summarizing their meeting earlier that day. The meeting was in response to Morgan’s referring to a six (6) year old autistic student as “obnoxious” in the child’s daily notes. The reference upset the parents to the point where the mother provided a written request to Morgan to refrain from referring to her child in such a manner. Morgan refused to refrain from making such references. During the meeting and in the summary thereof, Morgan was instructed to comply with the Code of Ethics at all times as well as refrain from disparaging any children in remarks on daily notes. d. Morgan also sent an inappropriate letter to another parent regarding insurance information for their child. Morgan’s letter was patronizing and belittling to the parent failing to maintain the respect and confidence of the parent and was well outside of the scope of the highest degree of ethical conduct to be maintained by educators. e. As a result of Morgan’s inappropriate letter, a pre-disciplinary meeting was also held on January 6, 2012, during which time Morgan failed to recognize the issues with the letter to the parent. As a result of Morgan’s inability to discern the inappropriateness of her correspondence, Morgan was instructed that all notes sent home must be reviewed by the ESE Specialist, Autism Coach, Assistant Principal, or Principal Narkier. f. On or around January 5, 2012, Morgan approached Joann Boyer, another teacher at Wilton Manors Elementary, regarding the lack of any gift being provided the previous school year when Morgan’s mother passed away. This encounter prompted a series of emails between Morgan and Ms. Boyer regarding sunshine dues in which Morgan levied unsupported allegations of favoritism by the school. g. During a meeting with Principal Mark Narkier regarding the issue with Ms. Boyer, Morgan became insolent toward Mr. Narkier. Morgan’s conduct became so unprofessional that he had to advise her of her behavior in order for her to regain control of herself. h. Thereafter, during a pre-disciplinary meeting with Principal Narkier, Morgan admitted to yelling at a paraprofessional (Ms. Darius) in front of students upon receiving notice of the meeting. Morgan failed to recognize how this conduct was inappropriate and in violation of the Rules governing the Education Profession. Specifically, Morgan asserted it was “okay” because the paraprofessional “does it to her.” 1, The conduct exhibited by Morgan adversely affects the efficient and effective operation of Wilton Manors Elementary School. More importantly such behavior is in violation of the Rules of Professional Conduct and Ethics governing the Education Profession in Florida. As such, on January 12, 2012, Morgan was recommended for a suspension of three (3) days without pay. i Despite the problems Morgan was experiencing and the recommendation for a three (3) day suspension without pay, Morgan’s behavior did not improve. Since January 12, 2012, there have been no fewer than seven (7) instances of additional conduct in violation of the rules governing the education profession and directives of her supervisors, aggravating the charges against her. k. Specifically, on January 17, 2012 Morgan left her classroom prior to her assigned break time to attend an IEP meeting scheduled during her break. More importantly, Morgan left class leaving two (2) paraprofessionals in charge despite a student being in crisis. Morgan’s actions violate both safety rules and contract provisions. 1. Moreover, despite previously being directed to have all notes sent home reviewed for appropriateness, on January 18, 2012, Morgan sent another letter home without obtaining approval. Morgan’s insubordinate actions resulted in another avoidable issue with a parent that administration had to resolve. m. On January 25, 2012, while the occupational therapist was in Morgan’s classroom the therapist accidentally hit a student in the head with a writing board. Morgan then walked up to the student and instructed the student to “make sure to let your mom know she hit you...maybe she can cause trouble for her too.” n. Then on February 6, 2012, Morgan called in sick one (1) hour before her scheduled time to report to work. Additionally, Morgan failed to leave any lesson plans for the substitute pursuant to school policies and procedures governing substitute teachers and lesson plan books. 0. One week later, on February 13, 2012, the parent one of Morgan’s students contacted Principal Narkier regarding their child being permitted to copy papers during physical education. This request stemmed from a photograph taken showing the student, who also happens to be disabled, lying on the blacktop with no adults assisting and no supervision or structured activity taking place. Aside from a clear supervisory violation, this also violates state law as students are required to have thirty (30) minutes of physical education per day in a structured environment. p. Then on February 15, 2012, Morgan received notice scheduling a pre-disciplinary hearing on February 21, 2012, concerning her unprofessional and insubordinate conduct. Upon receiving the notice, Morgan returned to her classroom and immediately called the union whereby she proceeded to yell about the treatment she was receiving in front of her students. q. Finally, on February 16, 2012, Morgan refused to deal with and/or help with a student in crisis upon their arrival at school. Instead, Morgan asserted that “I’m not dealing with this today. I am going to go to workman’s comp because a student hurt my foot yesterday.” Morgan then proceeded to the office and left campus for three (3) hours after calling worker’s compensation. Morgan never notified or reported any injury occurring on the previous day prior to this student’s arrival. it. Morgan’s conduct has progressively gotten worse despite countless attempts by administration to correct the situation and provide guidance to Morgan on conducting herself in a professional manner. 3. Just Cause Just cause exists for the requested relief pursuant to § 1012.33 Fla. Stat. the Respondent’s employment contract, School Board rules and regulations, the Code of Ethics of the Education Profession, the Principles of Professional Conduct of the Education Profession and the Employee Disciplinary Guidelines promulgated by the School Board, including but not limited to the following: a. Misconduct in office: The Respondent, through her above-described conduct, violated § 1012.33 Fla. Stat., and Rule 6B-4.009(3) of the Florida Administrative Code, and her actions constitute misconduct in office, which is conduct so serious as to impair the individual’s effectiveness in the school system. Additionally, the Respondent’s above-described conduct further violates the Code of Ethics of the Education Profession, Rule 6B-1.001(2) and (3), and 6B-1.006(3)(a) and (5)(d), Florida Administrative Code. The Respondent’s conduct, as factually set forth herein, is sufficiently notorious to bring the Respondent and/or the education profession into public disgrace or disrespect and impair the Respondent’s service in the community. b. Gross Insubordination: The Respondent through her above described conduct has violated Section 1012.33, Florida Statutes, and Rule 6B-4.009(4) of the Florida Administrative Code, resulting in gross insubordination as she failed to obey direct orders, reasonable in nature given by and with proper authority. WHEREFORE, based upon the foregoing, the Petitioner, Robert W. Runcie, Superintendent of Schools, recommends that the School Board, subsequent to providing requisite notice, suspend the Respondent, Ann Morgan, without pay for seven (7) days based upon the foregoing facts and legal authority. Dated: April , 2012 Robert W. Runcie, Superintendent of Schools Respectfully submitted: Carmen Rodriguez, Esquire Cadre Attorney

Docket for Case No: 12-001627TTS