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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs EMMA SCHOU, 19-002301PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-002301PL Visitors: 6
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: EMMA SCHOU
Judges: ELIZABETH W. MCARTHUR
Agency: Department of Education
Locations: Fort Myers, Florida
Filed: May 01, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 24, 2019.

Latest Update: Feb. 02, 2025
FROM: The Education Practices Commission TO: DOAH Clerk of Court RE: REDACTION OF CERTAIN LANGUAGE The Education Practices Commission reviewed and redacted certain verbiage within the document(s) included prior to transferring the case to DOAH so that results of specific employment tests are excluded from public record in accordance with Section 112.0455, Fla. Stat. (2018). STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-2254 EMMA ANNE SCHOU, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against EMMA ANNE SCHOU. 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 L. The Respondent holds Florida Educator’s Certificate 1280438, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL) and Reading, which is valid through June 30, 2020. - 2. At all times pertinent hereto, the Respondent was employed as a First Grade Teacher at Gulf Elementary School in the Lee County School District. MATERIAL ALLEGATIONS 3. On or about February 5, 2018, Respondent was at school and on duty in the presence of students while under the influence of alcohol or drugs. Respondent was observed acting suspicious and paranoid, with constricted pupils, wearing disheveled clothing, and displaying inappropriate uninhibited behavior. Respondent refused to submit to a reasonable EMMA ANNE SCHOU 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(2a)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 §5™ dayof_ Februar sy 2019. “dq fo, Ay. fev NVA RICHARD CORCORAN, as Commissioner of Education State of Florida

Docket for Case No: 19-002301PL
Issue Date Proceedings
Jun. 24, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 24, 2019 Joint Motion to Close File filed.
Jun. 17, 2019 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for September 5, 2019; 9:30 a.m.; Fort Myers and Tallahassee, FL).
Jun. 14, 2019 Petitioner's Amended Unopposed Motion to Continue and Reschedule Final Hearing filed.
Jun. 14, 2019 Petitioner's Unopposed Motion to Continue and Reschedule Final Hearing filed.
Jun. 07, 2019 Order Granting Amended Motion to Use Deposition Transcript in Lieu of Live Testimony at Final Hearing.
Jun. 06, 2019 Petitioner's Notice of Taking Deposition in Lieu of Live Testimony at Final Hearing filed.
Jun. 06, 2019 Petitioner's Amended Motion to Use Deposition Transcript in Lieu of Live Testimony at Final Hearing filed.
Jun. 05, 2019 Petitioner's Motion to Use Deposition Transcript in Lieu of Live Testimony at Final Hearing filed.
May 21, 2019 Respondent's Notice of Service of Answers to Petitioner's First Set of Interrogatories filed.
May 09, 2019 Respondent's Response to Petitioner's First Request for Production of Documents filed.
May 09, 2019 Respondent's Exhibit List filed.
May 09, 2019 Respondent's Responses to Petitioner's Request for Admissions filed.
May 06, 2019 Petitioner's Exhibit List filed.
May 06, 2019 Petitioner's Exhibit List (witness list) filed.
May 03, 2019 Certificate of Service of Discovery filed.
May 02, 2019 Respondent's Request for Production of Documents filed.
May 02, 2019 Notice of Service of Respondent's Interrogatories to Petitioner filed.
May 02, 2019 Order of Pre-hearing Instructions.
May 02, 2019 Notice of Hearing by Video Teleconference (hearing set for July 11, 2019; 9:30 a.m.; Fort Myers and Tallahassee, FL).
May 02, 2019 Agreed Upon Response to Initial Order filed.
May 01, 2019 Initial Order.
May 01, 2019 Notice of Appearance (Robert Coleman).
May 01, 2019 Respondent's Answer to Administrative Complaint (Disputed Allegations) filed.
May 01, 2019 Election of Rights filed.
May 01, 2019 Administrative Complaint filed.
May 01, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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