Filed November 4, 2015 3:10 PM Division of Administrative Hearings

THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA

BROWARD COUNTY SCHOOL BOARD,

Petitioner, DOAH CASE No. 14-3012TTS

vs. SSBM Agenda: 10-27-15-1

STEVEN YERKS,

Respondent.

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FINAL ORDER

THIS CAUSE came before THE SCHOOL BOARD OF BROWARD COUNTY,

FLORIDA on October 27, 2015 to (1) consider the Recommended Order entered on August 19, 2015, by Robert E. Meale, 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 No. 1 to the ALJ'S Finding of Fact Nos. 88-191 and Nos. 192-209 in the Recommended Order to the extent that such findings interpret the evaluation rating methodology and/or modify or discard evaluation datamarks; and reject the findings based upon a review of the entire record as it is not based upon competent substantial evidence and the proceedings did not comply with the essential requirements of law.

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2. The School Board REJECTS Petitioner’s Exception No. 2 to the ALJ’s Findings of Fact Nos. 27-50 and 62-77 in the Recommended Order.

3. The School Board ACCEPTS Petitioner's Exception No. 3 to the ALJ'S Finding of Fact No. 210 in the Recommended Order in as much as the School Board has, in its ruling on Exception No. 1, already rejected the ALJ’s revision and/or discarding of Respondent’s evaluation datamarks which underpinned the ALJ’s conclusion that Respondent’s teaching performance was Effective for the 2013- 2014 school year; and rejects the findings based upon a review of the entire record as it is not based upon competent substantial evidence and the proceedings did not comply with the essential requirements of law.

4. The School Board REJECTS Petitioner’s Exception No. 4 to the ALJ’s Conclusions of Law Nos. 224-227 in the Recommended Order.

5. The School Board ACCEPTS Petitioner's Exception No. 5 to the ALJ's Conclusion of Law No. 226 in the Recommended Order and rejects the conclusion based upon the reason(s) cited in the exception. The Board finds that its substituted conclusion of law or interpretation of the administrative rule is as or more reasonable that which is being rejected. The Conclusion of Law in paragraph No. 226 should be amended to state that Respondent failed to comply with the requirements of Section 1012.53, Florida Statutes (Counts 5 and 6).

6. The School Board REJECTS Petitioner’s Exception No. 6 to the ALJ’s Finding of Fact No. 4 in the Recommended Order.

7. The School Board REJECTS Petitioner’s Exception No. 7 to the ALJ’s Findings of Fact Nos. 5 and 6 in the Recommended Order.

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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.

fritz/allwork/agenda/2015/10-27-15-YEARKS-final order/

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Docket for Case No: 14-003012TTS

Orders for Case No: 14-003012TTS