Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: ASHLEY DARNELL
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Vero Beach, Florida
Filed: Dec. 30, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 23, 2017.
Latest Update: Jan. 02, 2025
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
VS. CASE NO. 156-0807
ASHLEY RENEE DARNELL,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against ASHLEY RENEE DARNELL. ‘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 Statuies, 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 977949, covering the areas
of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid
through June 30, 2020.
2, At all times pertinent hereto, the Respondent was employed as a Fourth Grade
Teacher at Osceola Magnet School in the Indian River County Schoo! District.
MATERIAL ALLEGATIONS
4
3. On or about August 9, 2014, Respondent provided confidential, personally
identifiable student information to a parent, including all of her students’ Florida Comprehensive
Assessment Test (FCAT) scores from the previous school year.
4. During the 2014-2015 school year, Respondent provided to a student a certi:
stating that Respondent was thankful for the student because of “your confused daze 90% of the
ASHLEY RENEE DARNELL
Administrative Complaint
Page 2 of 3
time!” The student had recently suffered a concussion and one of the side effects therefrom was
that the student was less alert. Respondent’s statement made the student feel embarrassed.
The Petitioner charges: :
STATUTE VIOLATIONS
COUNT Ll: The Respondent is in violation of section 1012.795(1)G), 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(3)(e), Florida Administrative Code, in that Respondent bas intentionally exposed a
student to unnecessary embarrassment or disparagement.
COUNT 4: The allegations of misconduct set forth herein. are in violation of Rule 6A-
10.081(3)@), Florida Administrative Code, in that Respondent has failed to keep in confidence
personally identifiable information obtained in the course of professional services, unless
disclosure served professional purposes or is required by law.
GIGNATURE ON FOLLOWING PAGE)
ASHLEY RENEE DARNELL
Administrative Complaint
Page 3 of 3
WHEREFORE, based om 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 102.7967}, 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.
2016.
EXECUTED on this 7." day of usu
&
ui
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 16-007620PL
Issue Date |
Proceedings |
Feb. 23, 2017 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Feb. 23, 2017 |
Unopposed Motion to Close File filed.
|
Feb. 20, 2017 |
Second Amended Notice of Taking Deposition (Darnell) filed.
|
Feb. 20, 2017 |
Petitioner's Exhibit List filed.
|
Feb. 20, 2017 |
Petitioner's Witness List filed.
|
Feb. 20, 2017 |
Petitioner's Request for Judicial Recognition of Statutes and Rules filed.
|
Feb. 20, 2017 |
Amended Notice of Taking Deposition (Darnell) filed.
|
Feb. 17, 2017 |
Notice of Taking Deposition (Darnell) filed.
|
Jan. 30, 2017 |
Certificate of Service of Discovery filed.
|
Jan. 10, 2017 |
Order of Pre-hearing Instructions.
|
Jan. 10, 2017 |
Notice of Hearing (hearing set for March 9, 2017; 9:00 a.m.; Vero Beach, FL).
|
Jan. 09, 2017 |
Petitioner's Response to Initial Order filed.
|
Dec. 30, 2016 |
Initial Order.
|
Dec. 30, 2016 |
Notice of Appearance (Nicholas Caggia).
|
Dec. 30, 2016 |
Administrative Complaint filed.
|
Dec. 30, 2016 |
Election of Rights filed.
|
Dec. 30, 2016 |
Agency referral filed.
|