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PAM STEWART, AS COMMISSIONER OF EDUCATION vs CYNTHIA SNOW, 17-006603PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-006603PL Visitors: 8
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: CYNTHIA SNOW
Judges: ROBERT S. COHEN
Agency: Department of Education
Locations: Clearwater, Florida
Filed: Dec. 08, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 24, 2018.

Latest Update: Jun. 28, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 167-0032 CYNTHIA MAE SNOW, Respondent. f ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against CYNTHIA MAE SNOW. 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 holds Florida Educator’s Certificate 566120, covering the area of Biology, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Teacher in the Pinellas County School District. MATERIAL ALLEGATIONS 3. During the 2012-2013, 2013-2014, 2014-2015, and 2015-2016 school years, Respondent failed to perform her duties in a competent manner. Specific instances include but are not limited to: a. Atthe beginning of the 2012-2013 school year, Respondent was placed on a Success Plan at Largo Middle School due to deficiencies in her classroom performance. Respondent moved to Countryside High School in December 2012 and finished the school year there. CYNTHIA MAE SNOW Administrative Complaint Page 2 of 5 b. At the beginning of the 2013-2014 school year, Respondent was transferred to Largo High School where her success plan was continued due to the same deficiencies. c. At the beginning of the 2014-2015 school year, Respondent was involuntarily transferred to Bay Point Middle School where she worked until May 2016. Respondent was still under a success plan while at Bay Point and never met the expectations of the plan. d. On or about August 8, 2014, Respondent was placed on a Success Plan for the 2014- 2015 school year. She was notified as to her failure to meet goals of that plan as follows: 1. Failed to regularly issue progress reports. For example: a) On or about September 15, 2014, no progress reports for “C” or below students had been issued. 2. Respondent made no accommodations for Exceptional Student Education students. 3. On or about September 16, 2014, Respondent would not allow a student to make up work for an excused absence. 4. On or about October 13, 2014, Respondent had entered insufficient grades into FOCUS School Software and Information System, and had given no tests for the entire 9 weeks. e. On or about September 12, 2014, Respondent was observed during a walkthrough of her class. During the walkthrough, Respondent exhibited multiple deficiencies. Respondent refused to enter requisite number of grades into FOCUS School Software and Information System. Respondent was given counseling as to teaching methods when it was pointed out that her methods might be suspect as 50% of students had “D/F” grades. Respondent refused to contact parents of failing students as instructed. f. On or about October 3, 2014, Respondent was observed. The observer noted that her students were approximately 2.5 weeks behind where they should have been. g. On or about October 8, 2013, Respondent was observed during a walkthrough of her class. The observer noted that only 2 out of Respondent’s 15 students were engaged in the lesson being taught. One student was observed drawing pictures to stay out of trouble. Respondent was asked by her students for assistance and explanations but their requests were ignored. CYNTHIA MAE SNOW Administrative Complaint Page 3 of 5 . Between the start of the 2014-2015 school year and September 15, 2014, Respondent was observed during walkthroughs a minimum of 5 times. Respondent was always seated at her desk and not walking throughout her classroom as instructed. On or about September 17, 2015, Respondent was placed on a Success Plan for the 2015-2016 school year and subsequently failed to adhere to that plan. 1. On or about October 19, 2015, Respondent was notified of her failure to adhere to her 2015-2016 Success Plan. 2. Onor about November 16, 2015, Respondent was notified of her failure to adhere to her 2015-2016 Success Plan. On or about December 3, 2015, Respondent received her final evaluation for September 2, 2014 to August 5, 2015. Respondent was found to be Unsatisfactory in the area of Instructional Practice and Needs Improvement in the area of Professional Development. - . Onor about January 13, 2016, Respondent received her midpoint evaluation for August 17, 2015 to June 30, 2016. Respondent scored Unsatisfactory on all four domains of Instructional Practice. On or about January 14, 2016, Respondent was observed for 2 days by a District Science Specialist for grades 6-8. The results of that observation include but are not limited to: 1. Assigned tasks do not align to the stated learning target. Tasks are very low in rigor. , 2. Students do not seem to be aware of their progress in relation to the learning goal. They do not know how the task/target/goal relate. 3. A tracking system is not in place. Student engagement was very low. Generally 1/3-1/2 of the class was engaged at any point during the lesson. 5. Students do not find ownership in the work. 6. Respondent did not set the purpose for learning — only read the lesson goal. 7. Respondent was never observed to confirm the learning. 8. Cornell notes were implemented incorrectly/ineffectively. ca . Prior to March 24, 2016, Respondent left her classroom and the school campus in the middle of the day. Respondent had not notified administration and left 22 students without supervision. CYNTHIA MAE SNOW Administrative Complaint Page 4 of 5 n. Onor about March 14, 2016, Respondent received an evaluation for August 17, 2015 to June 30, 2016. Respondent scored Unsatisfactory on all four domains of Instructional Practice. Respondent scored Developing/Needs Improvement on Deliberate Practice. o. Over the entire 2015-2016 school year, Respondent failed to administer any assessments (tests/quizzes/exams) to her students, 4, On or about August 11, 2014, Respondent fraudulently reported her attendance at a District Wide Training for middle school science teachers. 5. During the 2015-2016 school year, Respondent ignored the requests of a middle school student and did not allow him to go to the restroom. The student urinated on himself and had to be picked-up by his parents. 6. Respondent was recommended for termination by Pinellas School District. Significant dates and events were: a. On or about April 26, 2016, Respondent was notified by the district superintendent of his intent to recommend termination to the school board. b. On or about May 16, 2016, Respondent requested an administrative hearing to challenge the recommendation for termination. c. On or about February 24, 2017, Respondent was found incompetent by the administrative hearing judge and recommended for termination. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(c), Florida-Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. COUNT 2: The Respondent is in violation of section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces effectiveness as an employee of the school board. COUNT 3: 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 4: The allegations of misconduct set forth herein are in violation of Rule 6A- CYNTHIA MAE SNOW Administrative Complaint Page 5 of 5 10.081(2)(a)1, 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 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2}(a)5, Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(c)1, Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 7: The Respondent is in violation of Rule 6A-10.081(2)(c)8, Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. 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 Ate day of May , 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-006603PL
Issue Date Proceedings
Apr. 24, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 23, 2018 Undeliverable envelope returned from the Post Office.
Apr. 12, 2018 Order to Show Cause.
Apr. 12, 2018 Petitioner's Motion for Order to Show Cause and Motion to Relinquish Jurisdiction filed.
Apr. 09, 2018 Order Granting Respondent's Counsel's Motion to Withdraw as Attorney of Record and Continuance of Final Hearing (parties to advise status by April 16, 2018).
Apr. 06, 2018 Petitioner's Response to Respondent's Motion to Withdraw and Continue Final Hearing filed.
Apr. 06, 2018 Motion to Withdraw as Counsel and Continue Final Hearing filed.
Apr. 03, 2018 Order Granting Motion for Official Recognition.
Mar. 27, 2018 Petitioner's Motion for Official Recognition filed.
Jan. 26, 2018 Order Granting Continuance and Rescheduling Hearing (hearing set for April 17 and 18, 2018; 9:00 a.m.; Clearwater, FL).
Jan. 26, 2018 Order Granting Motion to Amend Administrative Complaint
Jan. 23, 2018 Notice of Transfer.
Jan. 23, 2018 Petitioner's Unopposed Motion for Leave to Amend Administrative Complaint and Motion to Continue Final Hearing filed.
Jan. 22, 2018 Petitioner's Exhibit List filed.
Jan. 22, 2018 Petitioner's Witness List filed.
Dec. 21, 2017 Order Rescheduling Hearing (hearing set for February 8, 2018; 9:30 a.m.; Largo, FL).
Dec. 19, 2017 Joint Motion to Change Venue filed.
Dec. 19, 2017 Notice of Hearing (hearing set for February 8, 2018; 9:30 a.m.; Land O Lakes, FL).
Dec. 19, 2017 Order of Pre-hearing Instructions.
Dec. 15, 2017 Joint Response to Initial Order filed.
Dec. 12, 2017 Initial Order.
Dec. 08, 2017 Notice of Appearance (B. Vicari).
Dec. 08, 2017 Administrative Complaint filed.
Dec. 08, 2017 Election of Rights filed.
Dec. 08, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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