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PAM STEWART, AS COMMISSIONER OF EDUCATION vs ASHLEY DARNELL, 16-007620PL (2016)

Court: Division of Administrative Hearings, Florida Number: 16-007620PL Visitors: 6
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: May 02, 2024
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.
Source:  Florida - Division of Administrative Hearings

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