STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS Revo ConiySchon Bowne {40 OE US > v Petitioner, vs. Case No. JUDY WALKER, Respondent. ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, Dr. John L. Ruis, Superintendent of the Nassau County School District (hereinafter “Petitioner”), by and through his undersigned counsel, pursuant to Sections 120.569, 120.57(1), 1012.33(6){a)1, and 1012.34, Florida Statutes, as well as Chapter 28-106, Florida Administrative Code, and hereby files his Administrative Complaint against Judy Walker (hereinafter “Respondent”) and, in support hereof, states: 1. The Nassau County School District presently employs Respondent as a teacher on a professional service contract pursuant to Section 1012.33, Florida Statutes. 2. Section 1012.33(1)(a), Florida Statutes, provides that a teacher on a professional service contract may be dismissed for just cause, which includes, but is not limited to, incompetency. 3. For purposes of Section 1012.33, Florida Statutes, Florida Administrative Code Rule 6A-5.056(3) defines incompetency, as used in Section 1012.33(1)({a), as the “inability, failure or lack of fitness to discharge the required duty as a result of inefficiency or incapacity.” 4. Florida Administrative Code Rule 6A-5.056(3) further defines inefficiency as one or more of the following: a. Failure to perform duties prescribed by law; b. Failure to communicate appropriately with and relate to students; c. Failure to communicate appropriately with and relate to colleagues, administrators, subordinates, or parents; d, Disorganization of his or her classroom to such an extent that the health, safety or welfare of the students is diminished; or e. Excessive absences or tardiness. 5. Moreover, Section 1012.34, Florida Statutes, provides that a teacher on a professional service contract may be dismissed for unsatisfactory performance. 6. On or about November 21, 2013, Respondent received a poor performance evaluation. 7. As a consequence of Respondent’s poor performance, she was placed on a ninety (90) day professional development plan. 8. The professional development plan on which Respondent was placed was designed to address deficiencies noted in Respondent’s performance. evaluation and to implement a plan to assist her to improve in her performance as a teacher. 9. Thereafter, Respondent’s performance did not improve. Moreover, Respondent either did not complete various tasks required of her as part of her professional development plan, or did not complete such tasks in a satisfactory manner or in timely fashion. 10. | Moreover, Respondent is incompetent due to inefficiency, as defined in Florida Administrative Code Rule 6A-5.056(3). 11, Onor about May 11, 2014, Petitioner sent Respondent a letter advising her that he intended to recommend to the Nassau County School Board that it terminate Respondent’s employment. 12. Thereafter, pursuant to Sections 120.569, 120.57(1), and 1012.33(6), Florida Statutes, Respondent timely requested an evidentiary hearing to contest the proposed termination of her employment. 13. Respondent's actions constitute just cause for the termination of her employment as a teacher on professional service contract with the Nassau County School District. WHEREFORE, Petitioner now requests that the Florida Division of Administrative Hearings: (a) Conduct an evidentiary hearing to determine whether just cause exists to terminate Respondent’s employment as a teacher on a professional service contract with the Nassau County School District; and {b) Issue a Recommended Final Order determining that cause exists for the termination of Respondent’s employment as a teacher on a professional service contract with the Nassau County School District. DATED this 28" day of May, 2014. Respectfully submitted, CONSTANGY, BROOKS & SMITH, LLP Post Office Box 41099 Jacksonville, Florida 32203 Telephone: (904) 356-8900 Facsimile: (9 396 00 yy, No. 0983470 Attorneys for Petitioner, Dr. John L. Ruis, Superintendent CERTIFICATE OF SERVICE I HEREBY CERTIFY that on May 28, 2014, a copy of the foregoing Administrative Complaint was served via first class United States mail upon the following: Judy Walker 409 South 7" Street

Docket for Case No: 14-002601TTS