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.
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Aug. 22, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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Aug. 22, 2016 |
Order Granting Motion to Amend Administrative Complaint
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Aug. 18, 2016 |
Petitioner's Reply to Respondent's Response to Petitioner's Motions to Amend and to Relinquish Jurisdiction filed.
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Aug. 17, 2016 |
Respondent's Response to Petitioner's Motions to Amend and to Relinquish Jurisdiction filed.
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Aug. 17, 2016 |
Return of Service (Wendy Borowski) filed.
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Aug. 17, 2016 |
Return of Service (Renee Hanson) filed.
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Aug. 15, 2016 |
Motion to Relinquish Jurisdiction to EPC in Absence of Disputed Material Facts filed.
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Aug. 15, 2016 |
Petitioner's Motion to Amend Administrative Complaint filed.
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Jul. 28, 2016 |
Respondent's Request for Production of Documents filed.
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Jul. 28, 2016 |
Notice of Service of Respondent's Interrogatories to Petitioner filed.
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Jul. 28, 2016 |
Amended Notice of Hearing (hearing set for August 30, 2016; 9:00 a.m.; Naples, FL; amended as to date).
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Jul. 27, 2016 |
Order of Pre-hearing Instructions.
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Jul. 27, 2016 |
Notice of Hearing (hearing set for September 2, 2016; 9:00 a.m.; Naples, FL).
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Jul. 27, 2016 |
Notice of Transfer.
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Jul. 22, 2016 |
Respondents Response to Order to Show Cause filed.
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Jul. 19, 2016 |
Petitioner's Response to Order to Show Cause filed.
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Jul. 15, 2016 |
Order to Show Cause.
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Jul. 15, 2016 |
Joint Response to Initial Order filed.
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Jul. 13, 2016 |
Initial Order.
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Jul. 13, 2016 |
Administrative Complaint filed.
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Jul. 13, 2016 |
Election of Rights filed.
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Jul. 13, 2016 |
Respondent's Answer to Administrative Complaint (Disputed Allegations) filed.
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Jul. 13, 2016 |
Agency referral filed.
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