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GERARD ROBINSON, AS COMMISSIONER OF EDUCATION vs TRECIA NORTH, 13-000692PL (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000692PL Visitors: 26
Petitioner: GERARD ROBINSON, AS COMMISSIONER OF EDUCATION
Respondent: TRECIA NORTH
Judges: JOHN G. VAN LANINGHAM
Agency: Department of Education
Locations: West Palm Beach, Florida
Filed: Feb. 21, 2013
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 14, 2013.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, VS. CASE NO. 090-2576 TRECIA ELLEN NORTH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this. Administrative Complaint against TRECIA ELLEN NORTH. 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: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 606810, covering the areas of Early Childhood Education, Computer Science; Elementary Education, and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2013. 2. Atall times pertinent hereto, the Respondent was employed as a Third Grade Teacher at Seminole Trails Elementary School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3. During the 2006-2007, 2007-2008, and 2008-2009 school years, while employed by the Palm Beach County School District (“District”), Respondent proved incompetent to perform her duties as a teacher. Respondent earned three consecutive overall unsatisfactory performance evaluations for the 2006-2007, 2007-2008, and 2008-2009 school years. 4. On her performance evaluation dated May 9, 2007, Respondent failed to meet overall satisfactory performance expectations and did not meet performance standards in the following TRECIA ELLEN NORTH Administrative Complaint Page 2 of 4 areas: Management of Student Conduct; Presentation of Subject Matter; Assessment; Record Keeping; Working Relationships with Coworkers; and Policies/Procedures/Ethics. On or about May 9, 2007, Respondent was placed on a 30-day School Assistance Plan effective August 21, 2007. 5. On her preliminary performance evaluation dated December 6, 2007, Respondent failed to meet overall satisfactory performance expectations and performed less than satisfactorily in the following areas: Communication; Assessment; Record Keeping; Working Relationships with Coworkers; and Policies/Procedures/Ethics. 6. On or about December 10, 2007, District Superintendent Arthur Johnson provided written notification to Respondent advising her that due to performance deficiencies, Respondent would be placed on a 90-day Performance Probation Plan. 7. On or about February 4, 2008, Respondent was placed on a 90-day Performance Probation Plan. 8. On or about April 14, 2008, Principal Judith Garrard provided written notification to Respondent advising that an administrative investigation was completed regarding an allegation of gross insubordination due to Respondents failure to submit her lesson plans and grade book to administration, as directed, and failure to report to work on time. On or about April 18, 2008, the District determined that the allegation of gross insubordination was substantiated and recommended that Respondent be suspended for 10 days without pay. 9. On or about April 28, 2008, Assistant Principal Robert Paschall provided written notification to Respondent that an administrative investigation had been completed regarding Respondent’s failure to meet with him regarding an error in her textbook inventory. Assistant Principal Paschall had provided written directives to Respondent to meet with him on April 2, 15, and 21, 2008, but Respondent failed to do so. On or about April 28, 2008, District Superintendent Johnson provided written notification to Respondent that he would recommend to the Palm Beach County School Board that Respondent be suspended for 10 days without pay for gross insubordination. 10. On her performance evaluation dated May 21, 2008, Respondent failed to meet overall satisfactory performance expectations and did not meet satisfactory standards in the following areas: Presentation of Subject Matter; Assessment; Record Keeping; and Policies/Procedures/Ethics. On or about May 21, 2008, Principal Garrard provided written notification to Superintendent Johnson advising that although Respondent was placed on a 90-day Performance Probation Plan, she failed to sufficiently correct performance deficiencies. Principal Garrard requested an administrative review of Respondent’s employment status. TRECIA ELLEN NORTH Administrative Complaint Page 3 of 4 il. Onor about May 28, 2008, the School Board approved the Superintendent’s recommendation to suspend Respondent for 10 days for gross insubordination without pay. The suspension was later reduced to 5 days without pay pursuant to an agreement between Respondent and the District. 12. Onor about August 14, 2008, Respondent was placed on a second 90-day Performance Probation Plan. Principal Garrard directed Respondent to maintain accurate and complete records in her grade book and to have her lesson plans available for classroom observers. Principal Garrard suggested that Respondent participate in the Above and Beyond Program for New Teachers. 13. On her performance evaluation dated February 3, 2009, Respondent failed to meet overall satisfactory performance expectations and did not meet satisfactory standards in the following areas: Presentation of Subject Matter; Assessment; Record Keeping; and Policies/Procedures/Ethics. : 14. Onor about March 2, 2009, Respondent was placed on a third 90-day Performance Probation Plan. : 15. Onor about April 10, 2009, Principal Garrard submitted a request to the Employee Relations Office requesting a review of Respondent’s continued pattern of gross insubordination, and that disciplinary action be taken. 16. On her preliminary evaluation dated January 4, 2010, Respondent failed to meet overall performance expectations and did not meet performance standards in the following areas: Presentation of Subject Matter; Assessment; and Policies/Procedures/Ethics. On or about January 4, 2010, Principal Garrard provided written notification to Superintendent Johnson that Respondent had not sufficiently corrected performance deficiencies and requested that Respondent’s employment status be reviewed. 17. Onher performance evaluation dated May 7, 2010, Respondent failed to meet overall performance expectations and did not meet performance standards in following areas: Presentation of Subject Matter; Assessment; Policies/Procedures/Ethics. On or about June 21, 2010, Principal Garrard revised Respondent’s performance evaluation to show that Respondent met overall satisfactory performance expectations, but did not meet performance standards in the areas of Presentation of Subject. Matter and Assessment. 18. 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. TRECIA ELLEN NORTH Administrative Complaint Page 4 of 4 19. 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 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. 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 74m day of Nov erloey 2011. GERARD ROBIN: and i as Commissioner of Education State of Florida

Docket for Case No: 13-000692PL
Source:  Florida - Division of Administrative Hearings

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