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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs RICHARD KARL KOSCHATZKY, 20-001902PL (2020)

Court: Division of Administrative Hearings, Florida Number: 20-001902PL Visitors: 3
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: RICHARD KARL KOSCHATZKY
Judges: E. GARY EARLY
Agency: Department of Education
Locations: Cross City, Florida
Filed: Apr. 17, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 24, 2020.

Latest Update: Jun. 02, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 167-3357 RICHARD K. KOSCHATZKY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against RICHARD K. KOSCHATZKY. 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 800635, covering the areas of Middle Grades Integrated Curriculum and Physical Education, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Dixie County Adult Center School in the Dixie County School District. MATERIAL ALLEGATIONS 3. On or about April 7, 2017, Respondent was in possession of controlled substances in the presence of students while on duty. Respondent kept the controlled substances in an unsecured bag in his classroom while students were present. Respondent was unable to provide a valid prescription for at least one of the controlled substances that he was in possession of. AC-2 RICHARD K. KOSCHATZKY 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. 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 14 day of August 2019. Mii ICHARD CORCORAN, as Commissioner of Education State of Florida AC-3

Docket for Case No: 20-001902PL
Issue Date Proceedings
Jun. 24, 2020 Order Deeming Matters Admitted, Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Jun. 16, 2020 Order to Show Cause.
Jun. 16, 2020 Petitioner's Motion to Deem Facts Admitted and Relinquish Jurisdiction to the Education Practices Commission filed.
Jun. 11, 2020 CASE STATUS: Status Conference Held.
Jun. 11, 2020 Amended Notice of Telephonic Case Management Conference (status conference set for June 11, 2020; 11:00 a.m.).
Jun. 03, 2020 Notice of Telephonic Case Management Conference (status conference set for June 11, 2020; 10:00 a.m.).
May 28, 2020 Petitioner's Motion for Telephonic Case Mangement Conference filed.
May 01, 2020 Order of Pre-hearing Instructions.
May 01, 2020 Notice of Hearing (hearing set for September 16, 2020; 9:30 a.m.; Cross City).
Apr. 27, 2020 Certificate of Service of Discovery filed.
Apr. 27, 2020 Petitioner's Response to Initial Order filed.
Apr. 17, 2020 Initial Order.
Apr. 17, 2020 Administrative Complaint filed.
Apr. 17, 2020 Finding of Probable Cause filed.
Apr. 17, 2020 Election of Rights filed.
Apr. 17, 2020 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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