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PAM STEWART, AS COMMISSIONER OF EDUCATION vs JENNIFER HARDY, 16-003894PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003894PL Visitors: 11
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: JENNIFER HARDY
Judges: JOHN D. C. NEWTON, II
Agency: Department of Education
Locations: Naples, Florida
Filed: Jul. 13, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 22, 2016.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 145-1900 JENNIFER HARDY , Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against JENNIFER HARDY. 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 bolds Florida Educator’s Certificate 895263, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), General Science and Exceptional Student Education, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Technology Teacher at Manatee Elementary School in the Collier County School District. MATERIAL ALLEGATIONS 3. On or about August 13, 2014, Respondent signed the District Test Administration and Security Agreement whereby Respondent agreed, among other things, to not read or view passages or test items and not to copy passages or test items on district local assessments. 4, In or around August 2014, Respondent administered the district pre-assessments for Technology for grades three through five, a test which tracks student progress and impacts JENNIFER HARDY Administrative Complaint Page 2 of 2 teacher evaluations. During the course of administering the assessment, Respondent took pictures of the exam which she later offered to share with fellow Technology teachers. 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 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. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. WELEREFORE, 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 tire up to 10 years or permanently. EXECUTED on this 3" day of _ecamber 2015, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-003894PL
Issue Date Proceedings
Aug. 29, 2016 Petitioner's Response t Respondent's Motion for Reconsideration and in the alternative for a section 120.57(2) Informal Hearing filed.
Aug. 22, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 22, 2016 Order Granting Motion to Amend Administrative Complaint
Aug. 18, 2016 Petitioner's Reply to Respondent's Response to Petitioner's Motions to Amend and to Relinquish Jurisdiction filed.
Aug. 17, 2016 Respondent's Response to Petitioner's Motions to Amend and to Relinquish Jurisdiction filed.
Aug. 17, 2016 Return of Service (Wendy Borowski) filed.
Aug. 17, 2016 Return of Service (Renee Hanson) filed.
Aug. 15, 2016 Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
Aug. 15, 2016 Petitioner's Motion to Amend Administrative Complaint filed.
Jul. 28, 2016 Respondent's Request for Production of Documents filed.
Jul. 28, 2016 Notice of Service of Respondent's Interrogatories to Petitioner filed.
Jul. 28, 2016 Amended Notice of Hearing (hearing set for August 30, 2016; 9:00 a.m.; Naples, FL; amended as to date).
Jul. 27, 2016 Order of Pre-hearing Instructions.
Jul. 27, 2016 Notice of Hearing (hearing set for September 2, 2016; 9:00 a.m.; Naples, FL).
Jul. 27, 2016 Notice of Transfer.
Jul. 22, 2016 Respondents Response to Order to Show Cause filed.
Jul. 19, 2016 Petitioner's Response to Order to Show Cause filed.
Jul. 15, 2016 Order to Show Cause.
Jul. 15, 2016 Joint Response to Initial Order filed.
Jul. 13, 2016 Initial Order.
Jul. 13, 2016 Administrative Complaint filed.
Jul. 13, 2016 Election of Rights filed.
Jul. 13, 2016 Respondent's Answer to Administrative Complaint (Disputed Allegations) filed.
Jul. 13, 2016 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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