Filed April 22, 2016 2:55 PM Division of Administrative Hearings

THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA

BROWARD COUNTY SCHOOL BOARD,

Respondent.

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FINAL ORDER

THIS CAUSE came before THE SCHOOL BOARD OF BROWARD COUNTY,

FLORIDA on April 12, 2016i to (1) consider the Recommended Order entered on December 10, 2015, by Mary Li Creasy, Administrative Law Judge (hereinafter “ALJ”) of the State of Florida Division of Administrative Hearings; (2) Petitioner’s Exceptions to the Recommended Order; and (3) Respondent’s Response thereto.

THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, having received and reviewed the record and having heard oral arguments presented by representatives on behalf of the parties, and being fully advised in the premises:

IT IS THEREUPON ADJUDGED that:

1. The School Board ACCEPTS Petitioner’s Exception III(B), relating to paragraphs 17, 21, 22, 26, 29 of the ALJ’s recommended order, because the ALJ applied the facts to an erroneous conclusion of law in stating, “in light of the lack of direction from administration on how to account for students, it was unreasonable for Respondent to check the bathroom, under the desks, in a closet, or elsewhere, to determine if a child was hiding or left behind.” For the reasons set forth in

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   Petitioner’s exceptions, said statement of duty, which is a conclusion of law over which the School Board has jurisdiction shall be modified to a more reasonable statement of a teacher’s duty to supervise to read as follows:

   In the absence of specific direction from administration on how to account for students, teachers, including, Respondent, have a duty to implement procedures that are appropriate for student’s age, environment, individual and group needs that are reasonably appropriate to ensure that a child is not left behind.

   
   

   Accordingly, based on the facts determined by the ALJ, Petitioner had just cause to discipline Respondent.

2. The School Board ACCEPTS Petitioner’s Exception III(C), relating to paragraphs 17, 26, 29-34 of the ALJ’s recommended order, because the ALJ applied the facts to an erroneous conclusion of law as discussed in the ruling on the first exception, as well as for the reasons set forth the in Petitioner’s exceptions, all of which are based upon more reasonable conclusions of law. Accordingly, the School Board finds that Respondent engaged in misconduct in office.

3. The School Board, after review of the entire record, ACCEPTS Petitioner’s Exception III(D), to the extent that the recommended penalty should be increased, and concludes that just cause exists to suspend Respondent for seven (7) days for all of the reasons set forth in Petitioner’s exceptions.

4. Except as otherwise noted herein, the Recommended Order is adopted in its entirety and is incorporated herein by reference (see Recommended Order and Exceptions to the Recommended Order attached hereto as composite Exhibit “A”).

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STATE OF FLORIDA, DIVISION OF ADMINISTRATIVE HEARINGS

The DeSoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

APPEAL OF FINAL ORDER

Pursuant to Section 120.68, Fla. Stat., a party to this proceeding may seek judicial review of this Final Order in the appropriate district court of appeal by filing a notice of appeal with Noemi Gutierrez, Agency Clerk, Official School Board Records, The School Board of Broward County, Florida, 600 Southeast Third Avenue – 2nd Floor, Fort Lauderdale, Florida 33301, on or before thirty (30) days from the date of this Final Order. A copy of the notice and a copy of this Final Order, together with the appropriate filing fee, must also be filed with the Clerk, Fourth District Court of Appeal, 1525 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401- 2399. If you fail to file your notice of appeal within the time prescribed by laws and the rules of court, you will lose your right to appeal this Final Order.

i This matter was initially scheduled to appear before The School Board on March 8, 2016 and was canceled. The 90 day time period in which a final order must be rendered was waived by consent of the parties.

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Docket for Case No: 14-001898TTS

Orders for Case No: 14-001898TTS