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PAM STEWART, AS COMMISSIONER OF EDUCATION vs PEGGY JOHNSON, 14-002544PL (2014)

Court: Division of Administrative Hearings, Florida Number: 14-002544PL Visitors: 15
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: PEGGY JOHNSON
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Sanford, Florida
Filed: May 29, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 23, 2014.

Latest Update: Jun. 02, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, Vs. CASE NO. 123-2618 PEGGY BLACK JOHNSON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against PEGGY BLACK JOHNSON. 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 6A-10.081, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanetions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION i. The Respondent holds Mlorida Educator’s Certificate 883257, covering the areas of English, Reading, Sociology and Gifted, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher at Seminole High School in the Seminole County School District. MATERIAL ALLEGATIONS 3. On or about March 30, 2010, the Respondent told one of her students that her work was “lazy people’s work.” The Respondent then wrote on the student’s arm, in red ink, the word “LAZY.” 4, On or about April 28, 2010, the Seminole County School Board issued the Respondent a letter of reprimand and suspended her without pay for one day. PEGGY BLACK JOHNSON Administrative Complaint Page 2 of 3 5. During the 2012-2013 school year, the Respondent stated, in class, “Black people are trying to take over the world and soon whites will be living in Sanford and blacks will be living in Heathrow," or words to that effect. The Respondent also made caustic or sarcastic comments to students and referenced her political beliefs. 6. On or about April 9, 2013, the Seminole County School Board issued the Respondent a letter of reprimand and suspended her without pay for three days. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 2: — The allegations of misconduct set forth herein ate in violation of Rule 6A- 10.081(3\(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental. health and/or physical health and/or safety. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- {0.081(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a studerit on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. COUNT §: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable precautions to distinguish between, personal views and those of any educational institution or organization with which the individual is affiliated. (SIGNATURE ON FOLLOWING PAGE) PEGGY BLACK JOHNSON Administrative Complaint Page 3 of 3 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) anid 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 Responden assessing the Respondent an administrative fine; directing the Res , s authorized scope of practice; ondent 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. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-002544PL
Issue Date Proceedings
Jul. 23, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 23, 2014 (Petitioner's) Unopposed Motion to Close File filed.
Jun. 05, 2014 Order of Pre-hearing Instructions.
Jun. 05, 2014 Notice of Hearing (hearing set for August 7, 2014; 9:00 a.m.; Sanford, FL).
Jun. 04, 2014 Amended Joint Response to Initial Order filed.
Jun. 03, 2014 Joint Response to Initial Order filed.
Jun. 03, 2014 Amended Certificate of Service of Discovery filed.
Jun. 03, 2014 Certificate of Service of Discovery filed.
May 30, 2014 Initial Order.
May 29, 2014 Letter to Peggy Johnson from Gretchen Brantley regarding request for hearing filed.
May 29, 2014 Administrative Complaint filed.
May 29, 2014 Election of Rights filed.
May 29, 2014 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
May 29, 2014 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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