Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: SHERRY BARNEY
Judges: JAMES H. PETERSON, III
Agency: Department of Education
Locations: Bonifay, Florida
Filed: Mar. 26, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 29, 2018.
Latest Update: Jul. 08, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 156-2257
SHERRY BARNEY,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative
Complaint against SHERRY BARNEY. The Petitioner sceks 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 634815, covering the areas
of Early Childhood Education, Elementary Education and Exceptional Student Education (ESE),
which is valid through June 30, 2019.
2. At all times pertinent hereto, the Respondent was employed as an ESE Teacher at
Ponce de Leon Elementary School in the Holmes County School District.
MATERIAL ALLEGATIONS
3. On or about January 26, 2016, Respondent inappropriately disciplined five year
old, male student, T.S., when Respondent forced T.S. to lie on his stomach on the ground, pinned
T.S. with her knee, held T.S. down by his arms, and pulled T.S. by his legs or feet. Respondent
continued to held T.S. down despite T.S. telling Respondent that he could not talk or breathe.
Respondent’s conduct caused redness and bruising to T.S.’s head, arms, and legs.
SHERRY BARNEY
Administrative Complaint
Page 2 of 2
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: 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(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 3: 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.
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 0% day of Wepdumnbss 2017.
PAM STEWART, as |
Commissioner of Education
State of Florida
Docket for Case No: 18-001599PL
Issue Date |
Proceedings |
May 29, 2018 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 23, 2018 |
Petitioners Unopposed Motion to Cancel Formal Hearing, to Close File and for Remand filed.
|
May 15, 2018 |
Return of Service (Jim Goodman) filed.
|
May 15, 2018 |
Return of Service (Eddie Dixon) filed.
|
May 15, 2018 |
Return of Service (Elaine Bell) filed.
|
May 15, 2018 |
Return of Service (Melissa Scott) filed.
|
May 15, 2018 |
Return of Service (Tyler Harrison) filed.
|
May 15, 2018 |
Return of Service (Jamie Hewett) filed.
|
May 04, 2018 |
Petitioner's Notice of Taking Respondent's Deposition filed.
|
May 02, 2018 |
Notice of Service of Respondent's Answers to Petitioner's First Interrogatories filed.
|
May 02, 2018 |
Response to First Request for Production of Documents filed.
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May 02, 2018 |
Response to Request for Admissions filed.
|
May 02, 2018 |
Notice of Appearance (Clay Adkinson) filed.
|
Apr. 12, 2018 |
Order of Pre-hearing Instructions.
|
Apr. 12, 2018 |
Notice of Hearing (hearing set for June 4, 2018; 9:00 a.m., Central Time; Bonifay, FL).
|
Mar. 30, 2018 |
Joint Response to Initial Order filed.
|
Mar. 27, 2018 |
Petitioner's Request for Admissions filed.
|
Mar. 27, 2018 |
Petitioner's First Request for Production of Documents filed.
|
Mar. 27, 2018 |
Notice of Service of Petitioners First Interrogatories to the Respondent filed.
|
Mar. 26, 2018 |
Initial Order.
|
Mar. 26, 2018 |
Notice of Appearance (Clay Adkinson).
|
Mar. 26, 2018 |
Administrative Complaint filed.
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Mar. 26, 2018 |
Election of Rights filed.
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Mar. 26, 2018 |
Agency referral filed.
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