STATE OF FLORIDA EDUCATION PRACTICES COMMISSION

GERARD ROBINSON, as

Commissioner of Ed 1cation,

Petition et·,

vs. CASE NO. 101-1806

BARBARA LOWDER,

Respondent.

ADMINISTRATIVE COMPLAINT

Petitioner, Gerard Robinson, as Commissioner · of· Education, files this Administrative Complaint against BARBARA LOWDER. 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-l .006,Florida Administrative Code, P1inciples of Professional Conduct for the Education Profession in Florida, said sanctions specifically set fo1ih in Sections 1012.795(1) and 1012.796(7), Florida Statutes.

The Petitioner alleges:

JURISJ)JCTION

l. The Respondent holds Florida Educator's Certificate 989320, covering the areas of Drama and Music, which is valid through June 30, 2013.

1. At all times pertinent hereto, the Respondent was employed as a Music Teacher at East Ridge Middle School in the Lake County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

2. On or about March 3, 2010, the Respondent received a performance appraisal indicating an "Unacceptable" rating in the areas of "Uses appropriate motivating techniques," "Displays skills in making assignments," and ''Communicates and presents st1bject rnatter in a

   manner that enables students to leam." The Respondent received an overall score of 9 and an overall. rating of "Unsatisfactory." The Respondent was placed on a Prescription/Assistance P1an.

   
   

3. On or about April 1, 2010, the Respondent received a performance appraisal indicating an "Unacceptable" rating in the areas of"DispJays skills in making assigm11ents, ""Creates

   
   

   Filed October 31, 2012 10:22 AM Division of Administrative Hearings

   
   

   BARBARA LOWDER

   Administrative Complaint

   Page 2 of3

   
   

   and maintains positive environments in which students are actively engaged in learning," and "Communicates and presents subject matter in a manner that enables students to learn." The Respondent received an overall score of9 and an overall rating of"Unsatisfactmy."

   
   

4. On or about April 1, 2010, the Respondent's supervisor notified the Respondent that she was to be placed on perfonnance probation 90 calendar days commencing on August 23, 2010.

   
   

5. On or about December 16, 2010, the Respondent received a performance appraisal indicating an "Unacceptable" rating in the areas of "Uses. appropriate motivating techniques," "Displays skills in making assignments,""Creates and maintains positive environments in which students are actively engaged in learning," and "Communicates and presents subject matter in a maimer that enables stndents to learn." The Respondent received an overall score of 8 and an overall rating of"Unsatisfactory."

7 On or about December 17,2010, the Lake County Superintendentof Schools notified the Respondent that the Superintendent intended to recommend the Respondent's termination to the School Board on the grounds that the Respondent had failed to correct performance deficiencies.

1. On or about Januai7 6, 2011, the Respondent snbmitted her resignation to the Lake County School District.

   
   

2. The Respondent is in violation of Section 1012.53(1), Florida Statutes, in that the Respondent has failed to work diligently and faithfully to help students meet or exceed annual learning goals.

   
   

3. The Respondent is in violation of Section 1012.53(2), Florida Statntes, 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 l 012.795(l)(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(l)(g), Florida Statntes, in that Respondenl has been found guilt-y of personal conduct which seriously reduces her effectiveness as an employee of the school board.

(SIGNATURE ON FOLLOWING PAGE)

BARBARA LOWDER

Administrative Complaint

Page 3 of3

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 pmi of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose anappropriate 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 em·oll 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 ce1iification; or baning the Respondent from reapplying for an educator's certificate for a period of time up to 10 years or permanently.

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EXECUTED on this 3\ day of _::5":,,,,.,..,. \._.y""'\ '' 2012.

_Lf        

GERARD ROBINSO as

Commissioner of Education State of Florida

Docket for Case No: 12-003523PL