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PAM STEWART, AS COMMISSIONER OF EDUCATION vs LORENE BARISO, 17-006846PL (2017)

Court: Division of Administrative Hearings, Florida Number: 17-006846PL Visitors: 9
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: LORENE BARISO
Judges: JUNE C. MCKINNEY
Agency: Department of Education
Locations: Miami, Florida
Filed: Dec. 20, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 9, 2018.

Latest Update: Jun. 01, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Comunissioner of Education, Petitioner, vs. CASE NO. 167-0127 LORENE MICHELLE BARISO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against LORENE MICHELLE BARISO. 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 716320, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Eneida M. Harner Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2015-2016 school year, Respondent inappropriately physically touched, disciplined, and/or disparaged students on school grounds and during school hours. This conduct includes, but is not limited to, inappropriately grabbing and shoving S.G., a female student. LORENE MICHELLE BARISO Administrative Complaint Page 2 of 2 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(j), 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(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. 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 vile day of MPU Oy , 2017. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-006846PL
Issue Date Proceedings
Apr. 12, 2018 Transmittal letter from Claudia Llado forwarding Respondent's Exhibits to Respondent.
Apr. 12, 2018 Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits to Petitioner.
Apr. 09, 2018 CASE STATUS: Hearing Held.
Apr. 09, 2018 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 06, 2018 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Apr. 05, 2018 Notice of Scheduling Court Reporter filed.
Apr. 04, 2018 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Apr. 03, 2018 Petitioner's Notice of Filing of Proposed Exhibits filed.
Mar. 29, 2018 Joint Pre-hearing Stipulation filed.
Feb. 22, 2018 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for April 9, 2018; 9:30 a.m.; Miami and Tallahassee, FL).
Feb. 20, 2018 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Feb. 08, 2018 Notice of Service of Petitioner's Request for Production to Respondent filed.
Feb. 08, 2018 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Feb. 08, 2018 Notice of Service of Petitioner's Request for Admissions to Respondent filed.
Feb. 07, 2018 Joint Motion to Continue Hearing filed.
Jan. 18, 2018 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for March 22, 2018; 9:30 a.m.; Miami and Tallahassee, FL).
Jan. 17, 2018 Joint Motion to Continue Hearing filed.
Jan. 17, 2018 Notice of Transfer.
Jan. 02, 2018 Order of Pre-hearing Instructions.
Jan. 02, 2018 Notice of Hearing by Video Teleconference (hearing set for February 5, 2018; 9:30 a.m.; Miami and Tallahassee, FL).
Dec. 20, 2017 Initial Order.
Dec. 20, 2017 Notice of Appearance (Mark Herdman).
Dec. 20, 2017 Administrative Complaint filed.
Dec. 20, 2017 Election of Rights filed.
Dec. 20, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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