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PAM STEWART, AS COMMISSIONER OF EDUCATION vs GISELA PARRA, 17-003560PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-003560PL Visitors: 4
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: GISELA PARRA
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Jun. 20, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 28, 2017.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 145-2443 ‘GISELA PARRA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against GISELA PARRA. 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 L. The Respondent holds Florida Educator’s Certificate 867128, covering the areas of Elementary Education and English for Speakers of Other Languages (“ESOL”), which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at Poinciana Park Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3, On or about December 4, 2014, L.V., a kindergartner in Respondent’s class, became physically entangled in a chair in Respondent’s classroom during school hours. After becoming entangled, Respondent failed to take adequate steps to ensure L.V.’s physical and mental health. This includes, but is not limited to, Respondent instructing C.T., a custodian who assisted Respondent in disentangling L.V., to not contact school administration for further support in removing L.V. from said chair. Furthermore, after soliciting C.T.’s assistance, GISELA PARRA Administrative Complaint Page 2 of 3 Respondent failed to contact school administration or other school personnel to assist with said situation. 4. On or about February 12, 2015, Respondent, while on school grounds and during school hours, choked T.D., a kindergartener. The Petitioner charges: STATUTE VIOLATIONS COUNT t: 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. (SIGNATURE ON FOLLOWING PAGE) GISELA PARRA Administrative Complaint Page 3 of 3 WHEREFORE, 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 time up to 10 years or permanently. EXECUTED on this (G'day of Fo} wave , 2016. by uc 4 i, ptt PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-003560PL
Issue Date Proceedings
Jul. 28, 2017 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jul. 25, 2017 Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
Jul. 07, 2017 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Jul. 07, 2017 Notice of Service of Petitioner's Request for Production to Respondent filed.
Jul. 07, 2017 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Jul. 03, 2017 Order of Pre-hearing Instructions.
Jul. 03, 2017 Notice of Hearing by Video Teleconference (hearing set for August 25, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
Jun. 27, 2017 Joint Response to Initial Order filed.
Jun. 20, 2017 Initial Order.
Jun. 20, 2017 Letter to Marian Lambeth from Mark Herdman advising of counsel filed.
Jun. 20, 2017 Administrative Complaint filed.
Jun. 20, 2017 Election of Rights filed.
Jun. 20, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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