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
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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
The Education Practices Commission has jurisdiction of this matter pursuant to Section 120.57(1), Florida Statutes, and Chapter 1012, Florida Statutes.
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.
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Mar. 27, 2020 |
Recommended Order (hearing held January 23, and 24, 2020). CASE CLOSED.
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Mar. 27, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Mar. 09, 2020 |
Petitioner's Proposed Recommended Order filed.
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Mar. 09, 2020 |
Respondent's Proposed Recommended Order filed.
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Feb. 26, 2020 |
Notice of Filing Transcript.
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Feb. 26, 2020 |
Transcript of Proceedings (not available for viewing) filed. |
Feb. 07, 2020 |
Order Canceling Hearing.
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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).
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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.
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Jan. 21, 2020 |
Petitioner's Amended Exhibit List filed.
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Jan. 21, 2020 |
Petitioner's Amended Witness List filed.
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Jan. 17, 2020 |
Notice of Scheduling Court Reporter filed.
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Jan. 16, 2020 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Jan. 16, 2020 |
Respondent's Witness List filed.
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Jan. 15, 2020 |
Certificate of Service of Answers to Discovery filed.
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Jan. 14, 2020 |
Respondent's Notice of Filing Proposed Exhibits filed.
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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).
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Jan. 13, 2020 |
Amended Joint Pre-hearing Statement filed.
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Jan. 08, 2020 |
Joint Pre-Hearing Statement filed.
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Jan. 07, 2020 |
Petitioner's Exhibit List filed.
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Jan. 07, 2020 |
Petitioner's Witness List filed.
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Jan. 06, 2020 |
Notice of Transfer.
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Dec. 20, 2019 |
Petitioner's Notice of Taking Depositions filed.
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Nov. 18, 2019 |
(Respondent's Response to) Petitioner's First Request for Admissions to Respondent filed.
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Nov. 14, 2019 |
Amended Notice of Taking Depositions filed.
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Nov. 13, 2019 |
Respondent, Elizabeth Felix's, Response to Petitioner's Request for Production of Documents filed.
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Nov. 12, 2019 |
(Amended) Notice of Taking Depositions filed.
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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).
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Nov. 01, 2019 |
Response to Order Granting Continuance filed.
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Oct. 30, 2019 |
Order Granting Continuance (parties to advise status by December 6, 2019).
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Oct. 29, 2019 |
Respondent's Motion for Continuance filed.
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Oct. 28, 2019 |
Notice of Taking Depositions filed.
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Oct. 09, 2019 |
Certificate of Service of Discovery filed.
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Oct. 07, 2019 |
Order of Pre-hearing Instructions.
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Oct. 07, 2019 |
Notice of Hearing by Video Teleconference (hearing set for November 27, 2019; 9:30 a.m.; Altamonte Springs and Tallahassee, FL).
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Oct. 07, 2019 |
Notice of Transfer.
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Oct. 03, 2019 |
Agreed Upon Response to Initial Order filed.
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Sep. 26, 2019 |
Initial Order.
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Sep. 26, 2019 |
Administrative Complaint filed.
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Sep. 26, 2019 |
Notice of Appearance, Election of Rights filed.
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Sep. 26, 2019 |
Agency referral filed.
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Orders for Case No: 19-005153PL
Issue Date |
Document |
Summary |
Jun. 02, 2020 |
Agency Final Order
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Mar. 27, 2020 |
Recommended Order
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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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