Elawyers Elawyers
Ohio| Change

BROWARD COUNTY SCHOOL BOARD vs LATUNYA GIBBS, 18-005791TTS (2018)

Court: Division of Administrative Hearings, Florida Number: 18-005791TTS Visitors: 14
Petitioner: BROWARD COUNTY SCHOOL BOARD
Respondent: LATUNYA GIBBS
Judges: MARY LI CREASY
Agency: County School Boards
Locations: Lauderdale Lakes, Florida
Filed: Nov. 01, 2018
Status: Closed
Recommended Order on Friday, March 6, 2020.

Latest Update: Apr. 17, 2020
Summary: Whether Respondent, Latunya Gibbs ("Respondent" or "Gibbs"), committed the violations as alleged in the Administrative Complaint; and, if so, what is the appropriate penalty.Termination of 3rd grade teacher's employment is warranted based on her misconduct, insubordination, incompetency, willful neglect of duty, and violation of School Board Rules. Teacher falsified assessments and student work portfolios.
STATE OF FLORIDA

V -

    1. THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA

      600 S.E. Third Avenue, 11th Floor• Fort Lauderdale, Florida 33301 • Office: 754-321-2050 • Fax: 754-321-2705


      ..,. The School Board of

      Office of the General Counsel Barbara J. Myrick, General Counsel www.browardschools.com


      September 17 , 2020

      Broward County, Florida

      Donna P. Korn, Chair Dr. Rosalind Osgood, Vice Chair


      Lori Alhadeff Robin Bartleman Heather P. Brinkworth

      Patricia Good Laurie Rich Levinson

      Ann Murray Nora Rupert Robert W. Runcie

      Superintendent of Schools


      Mary Li Creasy, Administrative Law Judge Division of Administrative Hearings

      The DeSoto Building 1230 Apalachee Parkway

      Tall ahassee , Florida 32399-1550


      RE: Broward County School Board vs. Latonya Gibbs DOAH Case No. 18-005791TTS


      Dear Judge Li Creasy:


      For the Division's fi le , enclosed please find the Final Order concerning the above­ referenced matter.


      BJM:jcf Enclosure


      C: Robert W. Runcie , Superintendent of Schools Andrew B. Carrabis, Esq.

      Robert F. McKee , Esq.


      fri1:dal lwork/agenda/2020/09-08-20-Gibb s/final order-judge


      Educating Today's Students to Succeed in Tomorrow's World

      Broward County Public Schools is an Equal Opportunity/Equal Access Employer


      Filed September 17, 2020 11:24 AM Division of Administrative Hearings

      THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA BROWARD COUNTY SCHOOL BOARD,

      Petitioner, DOAH CASE No.: 18-5791TTS

      vs. SSBM Agenda: 09-08-20-1


      LATUNYA GIBBS,


      Respondent.

      /


      FINAL ORDER


      THIS CAUSE came before THE SCHOOL BOARD OF BROWARD COUNTY,


      FLORIDA (hereafter referred to as “THE SCHOOL BOARD”) at its meeting conducted on September 8, 20201, to consider: (1) the Recommended Order entered on March 6, 2020, by the Honorable Mary Li Creasy, Administrative Law Judge (ALJ) of the State of Florida Division of Administrative Hearings; (2) Respondent’s Exceptions to the Recommended Order and (3) the Petitioner’s response thereto.

      IT IS THEREUPON ADJUDGED that:


      1. THE SCHOOL BOARD rejects Respondent’s Exceptions 1 through 10 as to the Findings of Fact contained in the Recommended Order.

      2. THE SCHOOL BOARD rejects Respondent’s Exceptions 11 through 26 as to the Conclusions of Law contained in the Recommended Order.

      3. THE SCHOOL BOARD rejects Respondent’s Exception 27 as to the recommended penalty in the Recommended Order.


        1 The 90-day time period in which a final order must be rendered was waived by consent of the parties.


      4. THE SCHOOL BOARD adopts the Recommended Order in its entirety, which is incorporated herein by referen,ce (see Recommended Order and Exceptions to the Recommended Order attached hereto as composite Exhibit "A").

      5. THE SCHOOL BOARD upholds Respondent's suspension without pay and termination for just cause.

DONE AND ORDERED in Fort Lauderdale, Broward County. Florida this / y of September 2020.

THE SCHOOL BOARD OF BROWARD COUNTY, FLOR IDA



By

DONNA P. KORN, CHA IR


n Official School Boar

...::s. s::::::2

Copies Furnished to:


ANDREW B. CARRABIS, ESQ.

Broward County School Board Eleventh Floor

600 Southeast Third Avenue Fort Lauderdale, Florida 33301


ROBERT F. MCKEE, ESQUIRE

Robert F. McKee, P.A. Suite 301

1718 East 7th Avenue Tampa, Florida 33605


ROBERT W. RUNCIE, Superintendent of Schools Office of the Superintendent

The School Board of Broward County, Florida 600 Southeast Third Avenue - 10th Floor

Fort Lauderdale, Florida 33301


STATE OF FLORIDA, DIVISION OF ADMINISTRATIVE HEARINGS

The DeSoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

APPEAL OF FINAL ORDER


Pursuant to Section 120.68, Florida Statutes, a party to this proceeding may seek judicial review of this Final Order in the appropriate district court of appeal by filing a notice of appeal with Noemi Gutierrez, Agency Clerk, Official School Board Records, The School Board of Broward County, Florida, 600 Southeast Third Avenue – 2nd Floor, Fort Lauderdale, Florida 33301, on or before thirty (30) days from the date of this Final Order. A copy of the notice and a copy of this Final Order, together with the appropriate filing fee, must also be filed with the Clerk, Fourth District Court of Appeal, 110 South Tamarind Avenue, West Palm Beach, Florida 33401. If you fail to file your notice of appeal within the time prescribed by laws and the rules of court, you will lose your right to appeal this Final Order.


fritz/allwork/agenda/2020/090820ssbm gibbs/final order/final order


Docket for Case No: 18-005791TTS
Issue Date Proceedings
Sep. 17, 2020 Respondent's Exceptions to Recommended Order filed.
Sep. 17, 2020 Agency Final Order filed.
Apr. 17, 2020 Transmittal letter from Claudia Llado forwarding Respondent's Exhibit numbered 1, to the agency.
Mar. 31, 2020 Joint Waiver of 90-Day Requirement filed.
Mar. 30, 2020 Notice of Appearance (Andrew Carrabis) filed.
Mar. 06, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 06, 2020 Recommended Order (hearing held June 20, September 12, and November 26, 2019). CASE CLOSED.
Feb. 20, 2020 Notice of Filing Transcript.
Feb. 20, 2020 Petitioner's Amended Notice of Filing Transcript of the Final Hearing (11-26-19) filed.
Feb. 20, 2020 Petitioner's Amended Notice of Filing Transcript of the Final Hearing (9-12-19) filed.
Feb. 20, 2020 Petitioner's Amended Notice of Filing Transcript of the Final Hearing (6-20-19) filed.
Feb. 14, 2020 Petitioner's Proposed Recommended Order filed.
Feb. 14, 2020 Respondent's Proposed Recommended Order filed.
Feb. 06, 2020 Order Granting Extension of Time.
Feb. 05, 2020 Petitioner's Motion for Extension of Time to File Proposed Recommended Order filed.
Jan. 21, 2020 Order Granting Extension of Time.
Jan. 21, 2020 Petitioner's Unopposed Motion for Extension of Time to File Proposed Recommended Order filed.
Dec. 30, 2019 Order Granting Extension of Time.
Dec. 30, 2019 Unopposed Motion for Extension of Time to File Proposed Recommended Orders filed.
Dec. 12, 2019 Petitioner's Notice of Filing Transcript of Final Hearing filed.
Dec. 12, 2019 Petitioner's Notice of Filing Transcript of Final Hearing filed.
Dec. 12, 2019 Petitioner's Notice of Filing Transcript of Final Hearing filed.
Nov. 26, 2019 CASE STATUS: Hearing Held.
Nov. 25, 2019 Petitioner's Third Additional Exhibit List filed.
Nov. 01, 2019 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 31, 2019 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 03, 2019 Notice of Hearing by Video Teleconference (hearing set for November 26, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Sep. 12, 2019 CASE STATUS: Hearing Partially Held; continued to date not certain.
Jul. 02, 2019 Amended Notice of Hearing (hearing set for September 12 and 13, 2019; 9:00 a.m.; Fort Lauderdale, FL; amended as to location).
Jun. 26, 2019 Order Rescheduling Hearing (hearing set for September 12 and 13, 2019; 9:00 a.m.; Fort Lauderdale, FL).
Jun. 20, 2019 CASE STATUS: Hearing Partially Held; continued to September 12, 2019; Fort Lauderdale, FL.
Jun. 19, 2019 Additional Joint Pre-hearing Stipulation filed.
Jun. 19, 2019 Notice of Filing (Petitioner's Exhibit List) filed.
Jun. 17, 2019 Respondent's Response in Opposition to Petitioner's Motion in Limine Regarding Respondent's Witnesses at Final Hearing filed.
Jun. 14, 2019 Petitioner's Motion in Limine Regarding Respondent's Witnesses at Final Hearing filed.
Jun. 14, 2019 Petitioner's Motion in Limine Regarding Respondent's Witnesses at Final Hearing filed.
Jun. 12, 2019 Joint Pre-Hearing Stipulation filed.
Jun. 11, 2019 Order Granting Extension of Time.
Jun. 10, 2019 Respondent's Unopposed Motion for Extension of Time to File Joint Prehearing Stipulation filed.
Jun. 06, 2019 Amended Notice of Hearing (hearing set for June 20, 2019; 9:00 a.m.; Fort Lauderdale, FL; amended as to location and in-person hearing).
May 24, 2019 Notice of Appearance (Katherine Heffner) filed.
Apr. 18, 2019 Petitioner's Cross-Notice of Taking Depositions filed.
Mar. 08, 2019 Respondent's Responses to First Request for Admissions filed.
Feb. 27, 2019 Notice of Appearance (Ranjiv Sondhi) filed.
Jan. 28, 2019 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for June 20, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jan. 25, 2019 Joint Notice of Additional Information in Support of Joint Motion to Continue Final Hearing filed.
Jan. 22, 2019 Joint Motion to Continue Final Hearing filed.
Nov. 30, 2018 Order of Pre-hearing Instructions.
Nov. 30, 2018 Notice of Hearing by Video Teleconference (hearing set for March 6 and 7, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Nov. 26, 2018 Notice of Proposed Final Hearing Dates filed.
Nov. 19, 2018 Order Granting Motion to Hold Hearing Beyond 60 Days.
Nov. 13, 2018 Notice of Compliance with Paragraph 2 of Initial Order and Motion to Hold Hearing Beyond 60 Days filed.
Nov. 05, 2018 Notice of Appearance (Denise Heekin) filed.
Nov. 05, 2018 Initial Order.
Nov. 01, 2018 Verified Return of Service filed.
Nov. 01, 2018 Agency action letter filed.
Nov. 01, 2018 Agenda Request Form filed.
Nov. 01, 2018 Petition for Administrative Hearing filed.
Nov. 01, 2018 Administrative Complaint filed.
Nov. 01, 2018 Referral Letter filed.

Orders for Case No: 18-005791TTS
Issue Date Document Summary
Sep. 16, 2020 Agency Final Order
Mar. 06, 2020 Recommended Order Termination of 3rd grade teacher's employment is warranted based on her misconduct, insubordination, incompetency, willful neglect of duty, and violation of School Board Rules. Teacher falsified assessments and student work portfolios.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer