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PAM STEWART, AS COMMISSIONER OF EDUCATION vs YOLANDA MILLER-MURRAY, 18-005533PL (2018)

Court: Division of Administrative Hearings, Florida Number: 18-005533PL Visitors: 1
Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: YOLANDA MILLER-MURRAY
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Oct. 19, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 31, 2019.

Latest Update: Nov. 13, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-3561 YOLANDA DELORES MILLER-MURRAY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against YOLANDA DELORES MILLER-MURRAY. 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 814331, covering the areas of Elementary Education and Reading, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Reading Teacher at Parkway Middle School in the Broward County School District. MATERIAL ALLEGATIONS 3. During the ae. year, Respondent used profanity toward her class, including the words “ass” and “bitch.” 4. On or about (es, ae Respondent embarrassed and disparaged BB race, ile student, {iiilwhen Respondent: a) Cities reading level in front of the class; and b) Called a “slow ass” or words to that effect. YOLANDA DELORES MILLER-MURRAY 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. 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 L7¢4 _ day of Sanidrs. , 2017. Mogg = — op PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 18-005533PL
Issue Date Proceedings
Jan. 31, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jan. 30, 2019 Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
Nov. 21, 2018 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for February 5, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Nov. 20, 2018 Joint Motion to Continue Final Hearing filed.
Nov. 01, 2018 Order of Pre-hearing Instructions.
Nov. 01, 2018 Notice of Hearing by Video Teleconference (hearing set for December 11, 2018; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Oct. 25, 2018 Joint Response to Initial Order filed.
Oct. 19, 2018 Initial Order.
Oct. 19, 2018 Administrative Complaint filed.
Oct. 19, 2018 Amended Election of Rights filed.
Oct. 19, 2018 Notice of Appearance (Carol Buxton).
Oct. 19, 2018 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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