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PAM STEWART, AS COMMISSIONER OF EDUCATION vs LAURA MAGNASCO, 13-000589PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000589PL Visitors: 30
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: LAURA MAGNASCO
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Green Cove Springs, Florida
Filed: Feb. 15, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 11, 2013.

Latest Update: Jan. 09, 2025
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, WS. CASE NO, 101-2489 LAURA MAGNASCO, Respondent. ADMINISTRATIVE COMPLAINT - Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against LAURA MAGNASCO. 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 ducation Profession in Florida, said sanctions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. ; ; The Petitioner alleges: JURISDICTION PUR SLT A SA 1. The Respondent holds Florida Educator's Certificate 639754, covering the areas of Barly Childhood Education, Elementary Education, and English for Speakers of Other Languages (BSOL), which is valid through June 30, 2015. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at Doctors Tnlet Elementary School in the Clay County School District. MATERIAL ALLEGATIONS: 3. During the 2010-2011 school year, the Respondent purchased and ingested cocaine on several occasions. T he respondent purchased cocaine from Kimberlee Harris, a Clay County School District teacher. The Respondent’s purchase of cocaine from Kimberlee Barris was discovered in the course of @ criminal investigation of Ms. Harris. LAURA MAGNASCO Administrative Complaint ’ Page 2 of 2 4. On or about February 9, 2011, the Clay County School District suspended the Respondent from her position as a result of the allegations involving the Respondent’s purchase of cocaine. 5. On or about April 21, 2011, the Clay County School Board accepted the Respondent’s resignation in lieu of termination. The Petitioner charges: _ , STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent bas been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. 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. WHEREFORE, based on the reasons set forth berein 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 jah day of Depleabac, 2012. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 13-000589PL
Issue Date Proceedings
Apr. 15, 2013 Return of Service (Detective Gary Lavaron) filed.
Apr. 15, 2013 Return of Service (Detective M.C. Hanlin) filed.
Apr. 11, 2013 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 10, 2013 Unopposed Motion to Cancel Formal Hearing and Relinquish Jurisdiction in Absence of Disputed Issues of Material Fact filed.
Apr. 05, 2013 Respondent's Notice of Service of Answers to Interrogatories filed.
Apr. 05, 2013 Notice of Service of Respondent's Response to Petitioner's First Request for Production of Documents filed.
Apr. 04, 2013 Notice of Taking Depositions (of L. Magnasco) filed.
Mar. 29, 2013 Notice of Transfer.
Feb. 21, 2013 Order of Pre-hearing Instructions.
Feb. 21, 2013 Notice of Hearing (hearing set for April 30, 2013; 10:00 a.m.; Green Cove Springs, FL).
Feb. 20, 2013 Petitioner's Request for Admissions filed.
Feb. 20, 2013 Petitioner's First Request for Production of Documents filed.
Feb. 20, 2013 Notice of Service of Petitioner's First Interrogatories filed.
Feb. 20, 2013 Joint Response to Initial Order filed.
Feb. 15, 2013 Initial Order.
Feb. 15, 2013 Administrative Complaint filed.
Feb. 15, 2013 Election of Rights filed.
Feb. 15, 2013 Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Feb. 15, 2013 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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