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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ANNA FALCONE, 15-000333PL (2015)

Court: Division of Administrative Hearings, Florida Number: 15-000333PL Visitors: 10
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ANNA FALCONE
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: Land O Lakes, Florida
Filed: Jan. 20, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 7, 2015.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 123-2830 ANNA RUSSO FALCONE, Respondent, ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ANNA RUSSO FALCONE. 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 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 802133, covering the areas of Educational Leadership, Elementary Education, and Schoo! Principal, which is valid through June 30, 2015, 2. At all times pertinent hereto, the Respondent was employed as a Principal at Connerton Elementary School in the Pasco County School District. MATERIAL ALLEGATIONS 3. During the 2012-2013 school year, the Pasco County School District (District) conducted a climate survey where school employees, select parents, and select students assessed performance issues at each of the District's schools, including Connerton Elementary School (Connerton) where Respondent was principal. 4, Participation of school employees, parents, and students in the climate survey was voluntary and anonymous. ANNA. RUSSO FALCONE Administrative Complaint Page 2 of 3 5, The climate survey was accessed via the Internet and participants were instructed to select the school with which they were associated from a drop-down menu. 6. On or about March 4, 2013, Respondent received the climate survey results for Connerton. Suspecting that the results for her school may be inaccurate due to District employees not associated with Connerton selecting Connerton in the drop-down menu on the climate survey, Respondent contacted three District employees and requested that they verify that the climate survey for Connerton was only taken by employees of Connerton. Respondent was advised that she did not have permission to investigate the matter and that the District would verify the results. 7. Despite being instructed to refrain from investigating the climate survey results, on or about March 11, 2013, Respondent made an inquiry regarding the status of her request to verify the results. Respondent’s inquiry was made to the Supervisor of the District's Office of Accountability, Doctor Bryce Pride, who was not aware of Respondent’s previous inguiries to the District or that Respondent was advised not to pursue the investigation. 8. Respondent instructed her employee to submit the email addresses of the Connerton staff to Dr, Pride to be used by him to verify which school employees participated in the climate survey, and ultimately, to determine whether the results were skewed by District employees not employed at Connerton taking the climate survey. Dr. Pride reviewed the results, and on or about March 18, 2013, he submitted to Respondent a list of the Connerton staff’s email addresses indicating whether a climate survey was submitted for each email address. As a result, Respondent was made aware of which schoo! employees at Connerton took the climate survey ~ information that was intended to be confidential. 9. On or about March 22, 2013, as a result of Respondent’s conduct alleged herein, Respondent was recommended for termination by the District. On or about July 22, 2013, Respondent entered into a Settlement Agreement with the District whereby Respondent agreed to resign her employment as of June 30, 2013. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1 )(g), Florida Statutes, in. that Respondent has been found guilty of personal conduct which seriously reduces effectiveness as an employee of the school board. (SIGNATURE ON FOLLOWING PAGE) ANNA RUSSO FALCONE 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) 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 “4 day of Oertobaim 2014. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-000333PL
Issue Date Proceedings
Apr. 07, 2015 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 07, 2015 (Petitioner's) Unopposed Motion to Close File filed.
Mar. 24, 2015 Order Granting Continuance and Re-scheduling Hearing (hearing set for May 6, 2015; 9:30 a.m.; Land O Lakes, FL).
Mar. 23, 2015 Joint Motion to Continue and Reschedule Final Hearing filed.
Feb. 16, 2015 (Petitioner's) Certificate of Service of Discovery filed.
Jan. 29, 2015 Order of Pre-hearing Instructions.
Jan. 29, 2015 Notice of Hearing (hearing set for March 31, 2015; 9:00 a.m.; Land O Lakes, FL).
Jan. 29, 2015 Petitioner's Response to Initial Order filed.
Jan. 21, 2015 Initial Order.
Jan. 20, 2015 Letter to Anna Falcone from Gretchen Brantley regarding your case filed.
Jan. 20, 2015 Administrative Complaint filed.
Jan. 20, 2015 Election of Rights filed.
Jan. 20, 2015 Letter to G. Brantley from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
Jan. 20, 2015 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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