Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: RUTH S. GAILLARD LEGER
Judges: ROBERT L. KILBRIDE
Agency: Department of Education
Locations: Lauderdale Lakes, Florida
Filed: Jul. 01, 2020
Status: Closed
Recommended Order on Wednesday, February 10, 2021.
Latest Update: Dec. 23, 2024
Summary: Whether Petitioner proved by clear and convincing evidence that Respondent left a kindergarten student, K.M., alone in her classroom on April 2, 2018, as alleged in Petitioner’s Administrative Complaint.Petitioner failed to prove by clear and convincing evidence that the Respondent's teaching certificate should be sanctioned for her leaving a kindergarten student alone in the classroom when others went to P.E. class.
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Before the Education Practices Commission of the State of Florida
RICHARD CORCORAN,
Commissioner of Education, Petitioner,
vs. EPC CASE No. 20-0189-RT
Index No. 21-095-FOF DOAH CASE No. 20-2987PL
RUTH S. GAILLARD LEGER, PPS No. 178-2723 CERTIFICATE No. 1168653
Respondent.
/
Final Order
This matter was heard by a Teacher Panel of the Education Practices Commission pursuant to Sections 1012.795, 1012.796 and 120.57(1), Florida Statutes, on April 9, 2021 in Tallahassee, Florida, via video conference, for consideration of the Recommended Order entered in this case by ROBERT L. KILBRIDE, Administrative Law Judge. Respondent was not present and was represented by Mark S. Wilensky, Esquire, who also was not present at the hearing. Petitioner was represented by Robert Ehrhardt, Esquire and Charles Whitelock, Esquire.
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 support the 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 Recommended Order issued by the Administrative Law Judge be ACCEPTED. It is therefore ORDERED that:
The Administrative Complaint issued against the Respondent is hereby
DISMISSED.
This Final Order takes effect upon filing with the Clerk of the Education Practices Commission.
DONE AND ORDERED, this 12th day of April, 2021.
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 Ruth S. Gaillard Leger, and Mark S. Wilensky, Esquire, 1200 Corporate Center Way, Suite 200, Wellington, FL 33414-8594 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 Charles T. Whitelock, Esquire, 300 Southeast 13th Street, Fort Lauderdale, FL 33316 this 12th day of April, 2021.
COPIES FURNISHED TO:
Office of Professional Practices Services Bureau of Educator Certification Superintendent
Broward County Schools 600 S.E. 3rd Ave.
Ft. Lauderdale, FL 33301-3125
Executive Director, Professional Standards Broward County Schools
600 S.E. 3rd Ave.
Ft. Lauderdale, FL 33301-3125
Timothy Frizzell
Assistant Attorney General
Robert L. Kilbride Administrative Law Judge
Division of Administrative Hearings 1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Loretta Sloan, Clerk
Division of Administrative Hearings
Docket for Case No: 20-002987PL
Issue Date |
Proceedings |
Apr. 30, 2021 |
Agency Final Order filed.
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Feb. 10, 2021 |
Recommended Order (hearing held December 1, 2020). CASE CLOSED.
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Feb. 10, 2021 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Jan. 27, 2021 |
Proposed Recommended Order filed.
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Jan. 27, 2021 |
Petitioner's Proposed Recommended Order filed.
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Jan. 08, 2021 |
Order Granting Extension of Time.
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Jan. 07, 2021 |
Unopposed Motion to Extend Time to File Proposed Recommended Order ("PRO") filed.
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Jan. 04, 2021 |
Notice of Filing Transcript.
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Jan. 04, 2021 |
Transcript of Proceedings (not available for viewing) filed. |
Dec. 01, 2020 |
CASE STATUS: Hearing Held. |
Nov. 30, 2020 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Nov. 30, 2020 |
CASE STATUS: Hearing Held. |
Nov. 24, 2020 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Nov. 24, 2020 |
Respondent's Amended Witness List filed.
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Nov. 23, 2020 |
Respondent's Notice of Filing Proposed Exhibits filed.
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Nov. 20, 2020 |
Joint Prehearing Stipulation filed.
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Nov. 20, 2020 |
Respondent's Schedule of Objections filed.
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Nov. 20, 2020 |
Respondent's Exhibit List filed.
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Nov. 20, 2020 |
Respondent's Witness List filed.
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Nov. 19, 2020 |
Amended Notice of Taking Depositions via Zoom filed.
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Nov. 17, 2020 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Nov. 16, 2020 |
Petitioner's Notice of Filing of Proposed Exhibits filed.
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Nov. 16, 2020 |
Amended Notice of Hearing by Zoom Conference (hearing set for November 30 and December 1, 2020; 9:00 a.m., Eastern Time).
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Nov. 16, 2020 |
Order Granting Petitioner's Request for Zoom Conference.
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Nov. 13, 2020 |
Respondent's Response to Request for Zoom Hearing filed.
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Nov. 06, 2020 |
Petitioner's Request for Zoom Conference filed.
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Oct. 05, 2020 |
Discovery Order on Third Party Subpoena Dispute.
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Sep. 25, 2020 |
the School Board of Broward County, Florida's Response to Motion to Compel Compliance with Subpoena filed.
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Sep. 14, 2020 |
Certificate of Service filed.
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Sep. 14, 2020 |
Amended Motion to Compel Compliance with Subpoena filed.
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Sep. 03, 2020 |
Order Denying Motion to Compel Compliance with Subpoena.
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Sep. 03, 2020 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for November 30 and December 1, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Sep. 01, 2020 |
Agreed Motion to Reset Hearing filed.
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Sep. 01, 2020 |
Motion to Compel Compliance with Subpoena filed.
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Aug. 18, 2020 |
Re-Notice of Taking Deposition Duces Tecum via Zoom filed.
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Aug. 05, 2020 |
Notice of Taking Deposition via Zoom filed.
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Jul. 31, 2020 |
Notice of Taking Deposition via Zoom filed.
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Jul. 13, 2020 |
Respondent's Notice of Serving Request to Produce filed.
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Jul. 13, 2020 |
Notice of Production from Non-Party filed.
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Jul. 13, 2020 |
Notice of Service of First Set of Interrogatories to Petitioner filed.
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Jul. 13, 2020 |
Order of Pre-hearing Instructions.
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Jul. 13, 2020 |
Notice of Hearing by Video Teleconference (hearing set for September 14 and 15, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Jul. 10, 2020 |
Joint Response to Initial Order filed.
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Jul. 02, 2020 |
Initial Order.
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Jul. 01, 2020 |
Administrative Complaint filed.
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Jul. 01, 2020 |
Finding of Probable Cause filed.
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Jul. 01, 2020 |
Election of Rights filed.
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Jul. 01, 2020 |
Notice of Appearance (Mark Wilensky).
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Jul. 01, 2020 |
Letter Randy Kosec from Carol Buxton regarding representation of Ms. Leger filed.
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Jul. 01, 2020 |
Agency referral filed.
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Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
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CASE STATUS: Hearing Held. |
Orders for Case No: 20-002987PL
Issue Date |
Document |
Summary |
Apr. 12, 2021 |
Agency Final Order
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Feb. 10, 2021 |
Recommended Order
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Petitioner failed to prove by clear and convincing evidence that the Respondent's teaching certificate should be sanctioned for her leaving a kindergarten student alone in the classroom when others went to P.E. class.
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