Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ELISABETH KIRTLEY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Education
Locations: St. Petersburg, Florida
Filed: Sep. 04, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 11, 2016.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs CASE NO, 134-1603
_ ELISABETH KIRTLEY,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against ELISABETH KIRTLEY. 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 518962, covering the areas
of Emotionally Handicapped, Reading, Specific Learning Disabilities, Varying Exceptionalities,
and Gifted, which is valid through June 30, 2018.
2. At all times pertinent hereto, the Respondent was employed as a Middie School
Exceptional Student Education (ESE) Teacher at Calvin Hunsinger ESE Center in the Pinellas
County School District.
MATERIAL ALLEGATIONS
3. On or about February 8, 2013, the Respondent failed to keep track of and properly
supervise her students, resulting in third grade Exceptional Student Education student C.R. being
molested by Respondent’s seventh grade student Z.M,
ELISABETH KIRTLEY
Administrative Complaint
Page 2 of 2
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.
COUNT 2: The Respondent is in violation of Section 1012.795(1)«j), 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 3: The allegations of misconduct set forth herein are 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.
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 JF dayof __ Marek , 2015.
bh y—flceerh
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 15-004983PL
Issue Date |
Proceedings |
Jan. 11, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Jan. 11, 2016 |
Unopposed Motion to Close File filed.
|
Dec. 30, 2015 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 9, 2016; 9:30 a.m.; St. Petersburg, FL).
|
Dec. 29, 2015 |
Notice of Taking Deposition (Elisabeth Kirtley) filed.
|
Dec. 22, 2015 |
Respondent's Agreed Motion to Reschedule Hearing filed.
|
Oct. 08, 2015 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 12, 2016; 9:30 a.m.; St. Petersburg, FL).
|
Oct. 07, 2015 |
(Respondent's) Motion to Reschedule Hearing filed.
|
Sep. 14, 2015 |
Order of Pre-hearing Instructions.
|
Sep. 14, 2015 |
Notice of Hearing by Video Teleconference (hearing set for November 4, 2015; 9:30 a.m.; St. Petersburg and Tallahassee, FL).
|
Sep. 14, 2015 |
Notice of Transfer.
|
Sep. 11, 2015 |
Respondent's Response to Initial Order filed.
|
Sep. 10, 2015 |
Certificate of Service of Discovery filed.
|
Sep. 10, 2015 |
Petitioner's Response to Initial Order filed.
|
Sep. 04, 2015 |
Initial Order.
|
Sep. 04, 2015 |
Election of Rights filed.
|
Sep. 04, 2015 |
Agency referral filed.
|
Sep. 04, 2015 |
Administrative Complaint filed.
|