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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs ELIZABETH FELIX, 19-005153PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005153PL Visitors: 103
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: ELIZABETH FELIX
Judges: BRIAN A. NEWMAN
Agency: Department of Education
Locations: Altamonte Springs, Florida
Filed: Sep. 26, 2019
Status: Closed
Recommended Order on Friday, March 27, 2020.

Latest Update: Mar. 27, 2020
Summary: The issues in this case are whether Respondent committed the acts alleged and violations charged in the Administrative Complaint; and, if so, what discipline should be imposed.Respondent did not fail to make reasonable effort to protect a student from conditions harmful to learning and/or to the student's mental health and/or physical health and/or safety. The recommendation is dismissal of the Administrative Complaint.
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Before the Education Practices Commission of the State of Florida

RICHARD CORCORAN as the

Commissioner of Education, Petitioner,

vs. EPC CASE No. 19-0247-RT

DOAH CASE No. 19-5153-PL

ELIZABETH FELIX, PPS No. 178-2054 CERTIFICATE No. 1266409

Respondent. INDEX No. 20-167-FOF

/


Final Order

This matter was heard by a Teacher Hearing Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on May 20, 2020, via telephonic hearing in Tallahassee, Florida, for consideration of the Recommended Order (RO) entered in this case by BRIAN A. NEWMAN, Administrative Law Judge. Respondent was present and represented by counsel. Petitioner was represented by Ron Weaver, Esq.

Findings of Fact


1. The findings of fact set forth in the Recommended Order are approved and adopted and incorporated herein by reference. There is competent substantial evidence to


Filed June 4, 2020 12:17 PM Division of Administrative Hearings


support these findings of fact.


Conclusions of Law


  1. The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.

  2. The conclusions of law set forth in the Recommended Order are approved and adopted and incorporated herein by reference.

Penalty


Upon a complete review of the record in this case, the Commission determines that the penalty recommended by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that:

The Administrative Complaint is hereby dismissed.


This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.


DONE AND ORDERED, this 2nd day of June, 2020.


NOTICE OF RIGHT TO JUDICIAL REVIEW


A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE EDUCATION PRACTICES COMMISSION AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE


OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a copy of the foregoing Order was mailed to: Elizabeth Felix, 15020 East 98th Street, Brooklyn, New York 11236 and Tobe M. Lev, Esq., Egan, Lev & Siwica, PA, 231 East Colonial Drive, Orlando, FL 32801 by Certified U.S. Mail and by electronic mail to Bonnie Wilmot, Deputy General Counsel, Suite 1544, Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 and Ron Weaver, Esq., Post Office Box 770088, Ocala, FL 34477 this 2nd day of June, 2020.



COPIES FURNISHED TO:


Office of Professional Practices Services Bureau of Educator Certification

Superintendent

Orange County Schools

P.O. Box 271

Orlando, FL 32802-0271


Director of Personnel Orange County Schools

P.O. Box 271

Orlando, FL 32802-0271


Timothy Frizzell

Assistant Attorney General


BRIAN A. NEWMAN

Administrative Law Judge


Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-1550


Claudia Llado, Clerk

Division of Administrative Hearing


Docket for Case No: 19-005153PL
Issue Date Proceedings
Jun. 04, 2020 Agency Final Order filed.
Mar. 27, 2020 Recommended Order (hearing held January 23, and 24, 2020). CASE CLOSED.
Mar. 27, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 09, 2020 Petitioner's Proposed Recommended Order filed.
Mar. 09, 2020 Respondent's Proposed Recommended Order filed.
Feb. 26, 2020 Notice of Filing Transcript.
Feb. 26, 2020 Transcript of Proceedings (not available for viewing) filed.
Feb. 07, 2020 Order Canceling Hearing.
Jan. 24, 2020 Notice of Hearing by Video Teleconference (hearing set for January 23, 24, and February 10, 2020; 9:30 a.m.; Altamonte Springs and Tallahassee, FL).
Jan. 23, 2020 CASE STATUS: Hearing Partially Held; continued to February 10, 2020; 09:30 a.m.; Altamonte Springs, FL.
Jan. 21, 2020 Petitioner's Second Amended Exhibit List filed.
Jan. 21, 2020 Petitioner's Amended Exhibit List filed.
Jan. 21, 2020 Petitioner's Amended Witness List filed.
Jan. 17, 2020 Notice of Scheduling Court Reporter filed.
Jan. 16, 2020 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Jan. 16, 2020 Respondent's Witness List filed.
Jan. 15, 2020 Certificate of Service of Answers to Discovery filed.
Jan. 14, 2020 Respondent's Notice of Filing Proposed Exhibits filed.
Jan. 13, 2020 Amended Notice of Hearing (hearing set for January 23 and 24, 2020; 9:30 a.m.; Altamonte Springs; amended as to hearing type).
Jan. 13, 2020 Amended Joint Pre-hearing Statement filed.
Jan. 08, 2020 Joint Pre-Hearing Statement filed.
Jan. 07, 2020 Petitioner's Exhibit List filed.
Jan. 07, 2020 Petitioner's Witness List filed.
Jan. 06, 2020 Notice of Transfer.
Dec. 20, 2019 Petitioner's Notice of Taking Depositions filed.
Nov. 18, 2019 (Respondent's Response to) Petitioner's First Request for Admissions to Respondent filed.
Nov. 14, 2019 Amended Notice of Taking Depositions filed.
Nov. 13, 2019 Respondent, Elizabeth Felix's, Response to Petitioner's Request for Production of Documents filed.
Nov. 12, 2019 (Amended) Notice of Taking Depositions filed.
Nov. 04, 2019 Order Rescheduling Hearing by Video Teleconference (hearing set for January 23 and 24, 2020; 9:30 a.m.; Altamonte Springs and Tallahassee, FL).
Nov. 01, 2019 Response to Order Granting Continuance filed.
Oct. 30, 2019 Order Granting Continuance (parties to advise status by December 6, 2019).
Oct. 29, 2019 Respondent's Motion for Continuance filed.
Oct. 28, 2019 Notice of Taking Depositions filed.
Oct. 09, 2019 Certificate of Service of Discovery filed.
Oct. 07, 2019 Order of Pre-hearing Instructions.
Oct. 07, 2019 Notice of Hearing by Video Teleconference (hearing set for November 27, 2019; 9:30 a.m.; Altamonte Springs and Tallahassee, FL).
Oct. 07, 2019 Notice of Transfer.
Oct. 03, 2019 Agreed Upon Response to Initial Order filed.
Sep. 26, 2019 Initial Order.
Sep. 26, 2019 Administrative Complaint filed.
Sep. 26, 2019 Notice of Appearance, Election of Rights filed.
Sep. 26, 2019 Agency referral filed.

Orders for Case No: 19-005153PL
Issue Date Document Summary
Jun. 02, 2020 Agency Final Order
Mar. 27, 2020 Recommended Order Respondent did not fail to make reasonable effort to protect a student from conditions harmful to learning and/or to the student's mental health and/or physical health and/or safety. The recommendation is dismissal of the Administrative Complaint.
Source:  Florida - Division of Administrative Hearings

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