Before the Education Practices Commission of the State of Florida

PAM STEWART,

Commissioner of Education, Petitioner,

vs. EPC CASE m 17-0050-RT

DOAH CASE m 17-000798PL

GARY SCHRADE, PPS m 156-1979 CERTIFICATE m 471010

Respondent. Index m: 17-553-FOF

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Final Order

This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on October 25, 2017 in Tallahassee, Florida, for consideration of the Recommended Order entered in this case by E. GARY EARLY, Administrative Law Judge.

Respondent was not present but was represented. Petitioner was represented by Darby Shaw, Esq.

Findings of Fact

1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

2. There is competent substantial evidence to support the findings of fact.

Conclusions of Law

1. The Education Practices Commission has jurisdiction of this matter pursuant

   
   

   
   

   Filed November 13, 2017 8:18 AM Division of Administrative Hearings

   
   

   to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.

   
   

2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

Penalty

Upon a complete review of the record in this case, the Commission determines that the penalty recommended by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that:

Respondent is hereby issued a letter of reprimand.

This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.

DONE AND ORDERED, this 7th day of November, 2017.

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT

COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN

THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL

MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Order was mailed to GARY SCHRADE, 101 Grand Plaza Drive, Apt. F3, Orange City, FL 32763 and Eric Lindstrom, Esq., and Nicholas Wolfmeyer, Esq., P.O. Box 2231, Orlando, FL 32802 by Certified U.S. Mail and by electronic mail to Darby Shaw, Deputy General Counsel, Suite 1232, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 this 7TH day of November, 2017.

COPIES FURNISHED TO:

Office of Professional Practices Services Bureau of Educator Certification

Superintendent

Volusia County Schools

P.O. Box 2118

DeLand, FL 32721-2118

Director, Professional Standards Volusia County Schools

P.O. Box 2118

DeLand, FL 32721-2118

Lee Ann Gustafson

Senior Assistant Attorney General

E. GARY EARLY Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550

Claudia Llado, Clerk

Division of Administrative Hearings

Docket for Case No: 17-000798PL

Orders for Case No: 17-000798PL