The Issue Whether the Respondent's teaching certificate should be disciplined for alleged acts of misconduct as set forth in the Administrative Complaint, dated November 7, 1995, in violation of Section 231.28, Florida Statutes, and the Florida Code of Ethics of the Education Profession, Rule 6B 1.006, Florida Administrative Code.
Findings Of Fact Respondent holds Florida Educators Certificate 614756, covering the areas of Early Childhood Education, Elementary Education, Specific Learning Disabilities, and Emotionally Handicapped. The certificate is valid through June 30, 2000. At all times relevant, the Respondent was employed as a Specific Learning Disabilities resource teacher at Merritt Island High School in the Brevard County School District. Beginning in 1992 and continuing through March, 1994, Respondent engaged in a series of sexual relationships with C.M., R.B., D.L., and J.C., four minor male students at Merritt Island High School. The sexual activity involved masturbation and oral sex which took place during and after school, at various locations on the school campus, including Respondent's classroom at Merritt Island High School. Sexual activity also took place in Respondent's vehicle while at the beach. In exchange for the sexual favors, Respondent gave the students money, clothing, food, and other items. When Respondent's relationships with these students became public knowledge, she requested a personal leave of absence from school beginning April 4, 1994 through June 6, 1994. During the 1994 1995 school year, Respondent was placed in a nonstudent contact position. On or about August 24, 1994, Respondent was arrested and charged on 40 counts of Sexual Battery on a Minor by a Person in Custodial Authority. Eventually, additional charges were added for a total of 101 counts in four separate cases. Respondent pled Not Guilty to all counts in the Circuit Court for Brevard County, Florida. Thereafter, all four cases were tried together before a jury. On or about August 26, 1995, following the jury trial in the circuit court, Respondent was found guilty on 64 of the 101 Counts in the four cases, as follows: In Case Number 94A: 23 of 37 counts of Sexual Activity with a Minor by a Person in Custodial Authority: In Case Number 94 A: 34 of 47 counts of Sexual Activity with a Minor by a Person in Custodial Authority; In Case Number 94A: 2 of 2 counts of Sexual Activity with a Minor by a Person in Custodial Authority: and In Case Number 65A: 4 of 10 counts of Sexual Activity with a Minor by a Person in Custodial Authority and 1 of 1 counts of Lewd and Lascivious Act upon a Minor. Following the convictions on the 64 counts by the jury, the Court revoked Respondent's bail and she was remanded to the custody of the Brevard County Sheriff pending sentencing. Following her conviction, Respondent was placed in a no pay status, as absent without leave, with the school district for the 1995-1996 school year. Respondent was subsequently terminated from her employment with the school district. On or about October 5, 1995, the Circuit Court adjudicated the Respondent guilty of the 64 felony counts and sentenced her to serve 10 years in custody, followed by 15 years of supervised probation. Following the first twelve months after her release from prison, Respondent is to pay the cost of her supervision. Special conditions of Respondent's probation include the following: Undergo psychiatric treatment/mental heath counseling for sex offenders and such other psychiatric treatment/mental health counseling as directed. Have no contact with the victims or their families. Have no contact with any male child under the age of 18 years without the child's parent or guardian being present; and Not engage in any employment or volunteer activities, paid or unpaid, which place her in a position of supervision or authority over children under the age of 18 years. Respondent is presently serving her sentence in the custody of the Florida Department of Corrections. Respondent is guilty of gross immorality and conduct involving moral turpitude. Respondent's misconduct seriously reduces her effectiveness as a teacher.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Respondent did violate the provisions of Sections 231.28(1)(c), (e), (f), and (i), Florida Statutes, and Rules 6B1.006(3)(a), (e), (g), (h), and (4)(c) Florida Administrative Code. It is further RECOMMENDED that a Final Order be issued permanently revoking Respondent's teaching certificate for the above violations. DONE AND ENTERED this 18th day of March, 1997, in Tallahassee, Leon County, Florida. _ DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 18th day of March, 1997. COPIES FURNISHED: Carl J. Zahner,II, Esquire Office of the General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-1700 Lorene C. Powell, Esquire 118 North Monroe Street Tallahassee, Florida 32399-1700 Karen B. Wilde, Executive Director Education Practices Commission The Florida Education Center, Room 224B 325 West Gaines Street Tallahassee, Florida 32399 Michael H. Olenick, General Counsel Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether Respondent violated sections 1012.795(1)(g) and 1012.795(1)(j), Florida Statutes, and Florida Administrative Code Rules 6A-10.081(2)(a)1. and 6A-10.081(2)(c)1., as alleged in the Administrative Complaint; and, if so, what disciplinary penalty should be imposed.
Findings Of Fact Based on the evidence, testimony, and stipulated facts, the following Findings of Fact are made. The Commissioner is the head of the state agency, the Florida Department of Education, responsible for investigating and prosecuting allegations of misconduct against individuals holding Florida educator certificates. Upon a finding of probable cause, Petitioner is then responsible for filing a formal complaint and prosecuting the complaint pursuant to chapter 120, if the educator disputes the allegations in the complaint. Respondent holds Florida Educator Certificate No. 834897, covering the areas of elementary education, English for Speakers of Other Languages (“ESOL”), and varying exceptionalities, which is valid through June 30, 2023. At the time of the allegations in the Administrative Complaint, Respondent was employed as an exceptional student education (“ESE”) teacher at Wyomina Park Elementary School (“WPES”) in the Marion County School District (“MCSD”). Ms. Miller has served as an elementary education teacher since the 2000-01 school year. Thus, she has a 20-year career with MCSD. From 2008 to 2018, Respondent taught third, fourth, and fifth grades at Reddick Collier Elementary (“Reddick Collier”’). Since she holds certification in ESE, she also taught ESE inclusion students in her general education classrooms. However, she has never taught a classroom of only ESE students. In 2018, Respondent’s value-added model (commonly referred to as VAM) scores rendered her ineligible to continue teaching at Reddick Collier because it was one of the District’s lowest performing schools. As a result, she was involuntarily transferred to WPES. Ms. Baxley testified that Respondent was initially assigned to teach students with academic issues, not behavioral issues. The initial assignment was consistent with her experience and previous work with ESE inclusion students. Respondent had maintained certification in ESE so that she could better serve academically low-performing ESE students in a general education inclusion environment. While Respondent had training in an inclusion environment, she did not have training or certification in Treatment and Education of Autistic and Communication Handicapped Children (“TEACCH”) or Crisis Prevention Intervention de-escalation techniques for use with students with behavioral issues. Ms. Baxley believed that Respondent had been trained to work with children with behavioral issues. After the initial assignment, students were reassigned between Ms. Miller and Patricia Poag. Respondent became responsible for only students with behavioral issues. Some of the students assigned to Respondent had extensive behavioral issues to the extent they required medication treatment. Respondent’s new assignment was a kindergarten through second grade self-contained ESE class of 12 to 13 students. Generally, a self- contained ESE classroom is a group environment with students who have special needs. Respondent’s students required increased supervision, structure, visuals, and very specific direct instruction. Respondent, Ms. Davis, and Ms. Poag testified that the classroom assignment was very “challenging, overwhelming, and distressing.” The new classroom structure included six or seven more students than previously assigned. Respondent had one paraprofessional to assist with supervision of the students. Respondent requested additional staff support, but never received it. In addition to learning to navigate the struggles with the student’s behavioral issues, Respondent was struggling with paperwork. Respondent made the effort to get help with completing necessary documents and learning how to complete IEP’s and behavior plans. She had no experience in completing these documents, or in working with “severe maladaptive behaviors” before being assigned to WPES. Allegations Involving Classroom Management As an ESE instructor, Ms. Miller’s primary responsibility was to ensure compliance with services or accommodations required for ESE students assigned to her classroom. Gina Gazzaniga is the MCSD ESE specialist. Her primary responsibility is to ensure compliance with services/accommodations required for all ESE students. Ms. Gazzaniga visited Respondent’s classroom. While in Respondent’s classroom, Ms. Gazzaniga observed students run on tables, throw items, and elope from the classroom unsupervised. Ms. Gazzaniga testified that while students were engaged in this conduct, Respondent did not intervene. Ms. Gazzaniga also testified that when students eloped from the classroom, they would typically go to the Guidance office or the Dean’s office. Ms. Gazzaniga had the Behavior Team (behavior tech, behavior specialist and analyst, and school academic coaches) assist with structure and behavior/classroom management strategies in Respondent’s classroom. The team implemented procedures to help prevent students from eloping. However, Respondent would change the practices the behavior team implemented. Respondent testified that some of the practices put into place were not effective. For example, when tables were lowered, the students increased their jumping from table to table. In addition, the assistance button was not within the reach of the teachers in the classroom. Ms. Gazzaniga’s overall assessment was that she saw “limited improvement, or refusal to follow taught strategies.” Other members of the WPES administration expressed concerns about Respondent’s classroom management. While visiting Respondent’s classroom, Ms. Baxley, along with Kendra Hamby, saw student W.H. pulling the hair of M.D. W.H., a male student, dragged M.D., a female student, by her hair as she screamed. Ms. Baxley testified that she heard Respondent say “stop.” Ms. Baxley then approached the students and removed W.H.’s hand from M.D. so that he would “stop pulling M.D. around like a caveman on the floor.” Ms. Baxley testified that Respondent did not intervene to help M.D., but rather “she just stood there.” Ms. Hamby testified that “Ms. Miller was standing there, not intervening, not saying or doing anything. So that was extremely concerning.” On another occasion, while in Respondent’s classroom, Ms. Baxley saw students hitting each other with containers. Ms. Baxley testified that Respondent did nothing to intervene. Respondent testified that she approached the students and instructed them to return the containers. Jennifer Foster was a paraprofessional assigned to Respondent’s classroom. On one occasion two students were running around the room, fighting, and chasing each other. Ms. Foster tried to “get in the middle to separate them and they both ran behind the big solid wooden table.” When Ms. Foster went in front of the table in an effort to separate them, the two students picked up the table and tossed it over on the side. Ms. Foster was able to move one foot out of the way, but the table landed on her other foot. Ms. Foster testified “I eventually got up and hobbled over to push the panic button and asked for assistance.” Her foot was injured as a result of the incident involving the students. Ms. Foster indicated that Respondent did not assist her. Allegations Involving Failure to Supervise Students In addition to concerns about classroom management, the Administrative Complaint alleged Respondent failed to supervise students. One of those incidents involved K.C. K.C. was one of Respondent’s kindergarten students. He is an ESE student with a medical condition. On September 6, 2018, a teacher informed Assistant Principal Troy Sanford that Respondent’s student, K.C., was found standing at the exit door of a hallway that opens to the playground. Mr. Sanford saw K.C. approaching the exit doors to the playground alone at 11:24 a.m. K.C. stood there alone until 11:29 a.m., at which time the teacher spoke to K.C. After consulting with another teacher, Ms. Hawthorne, about where K.C. belonged, the teacher took him to Respondent’s classroom. Respondent denied allowing K.C. to stand alone in the hallway for several minutes. She testified that while standing at her classroom door, awaiting the arrival of students coming from the restroom, K.C. began to walk from Ms. Davis toward her. This was customary for her students if children needed additional time in the restroom. As K.C. got close to Respondent, L.G.R. began climbing on the top shelf of a bookcase in the classroom. Since their routine was for the students to come into the classroom, she assumed K.C. would follow the customary practice and enter the classroom. Respondent testified that she made a judgment call to turn her attention to L.G.R. to ensure his safety and prevent harm to him. Instead of entering the classroom, K.C. walked down the hallway. Based on the totality of the circumstances, Respondent’s actions were reasonable. A second incident involved a different student. Two first-grade teachers, Nancy P. Neal and Ireina Hawthorne, were outside on the playground with their students. When recess was over, they were gathering their students and doing a head count to go back inside to their classrooms when they noticed there was “an extra child” in line. The student did not belong in their classroom. The student was nonverbal so they could not determine to which classroom he belonged. Ms. Hawthorne assumed that he belonged in Respondent’s class and took the student to Respondent’s classroom. When Ms. Hawthorne took the student to Respondent’s classroom, Respondent “ushered him into the classroom.” Respondent testified that she was in the hallway, counting her students before going to her classroom. She explained that she had a substitute paraprofessional, Ms. Foster, who did not know all of her students. In addition, this was the first time she had Ms. Foster serve as a substitute. To help remedy the issue regarding the student left outside, Respondent asked her assigned paraprofessional not to take breaks or lunch during recess. Whether Respondent was in her classroom (as stated by Ms. Hawthorne) or in the hallway, the student was left outside without her supervision, which could be harmful to the student’s safety. A third incident related to supervision involved student L.G.R. On October 19, 2019, L.G.R. entered Ms. Gazzaniga’s office and hid under a table. The evidence offered at hearing demonstrated that when the student eloped from the classroom, Respondent immediately followed the student into the guidance office. However, she did not see the L.G.R., so she continued to search for him. A minute or so later, Ms. Gazzaniga saw Respondent walk down the hallway towards the main office. Respondent later learned the student was in the guidance office at the time she initially searched that location. However, Ms. Gazzaniga did not alert Respondent that L.G.R. was in her office. Ms. Gazzaniga testified that she “kept an eye on him while he was there.” After a short time, Ms. Gazzaniga went over to L.G.R. and spoke to him. He came from under the table and went to the doorway of the office. At the same time, Respondent was walking back down the hallway and saw L.G.R. and took him back to her classroom. The credible evidence demonstrates that Respondent made reasonable efforts to locate the student by searching for him immediately after his elopement from the room. DP-3 Assessment On September 10, 2018, Ms. Scott gave Respondent a Developmental Profile Third Edition (“DP-3”) to complete for student A.M.S. Students who are developmentally delayed must have a DP-3 completed for re-evaluation to determine what ESE services need to be continued. A DP-3 is an assessment tool used to evaluate nonverbal or low achieving students that have not reached the cognitive level to take an IQ test. MCSD uses the DP-3 to assess the student’s level of achievement. The DP-3 assesses five areas of development, including the child’s cognitive functioning, physical development, communication skills, social, emotional, and adaptive skills. The assessment is completed by completing a series of questions on whether a student can or cannot perform a particular task. Respondent returned the DP-3 to Ms. Scott on September 25, 2018. Respondent circled items indicating a “yes” response. During the hearing, however, Respondent acknowledged the student would not be capable of performing the tasks. In addition, Ms. Scott did not believe A.M.S. could perform the skills for which Respondent answered yes. Based on the evidence offered at hearing, some of the responses Respondent provided on the DP-3 were inaccurate. Performance Assessments Throughout her career, Respondent had been assessed as progressing or effective related to instructional practice as an educator. For the 2018 informal classroom teacher instructional assessment performed by Ms. Baxley, Ms. Cino, and Mr. Sanford, Ms. Miller was assessed as unsatisfactory in multiple areas.1 However, in the areas of criticism, it was also noted that Ms. Miller was engaged in instruction of students. Interestingly, she was criticized for a child wandering to her desk, and then, criticized for leaving the group of students she was working with to redirect the wandering student. In another instance, the observers were critical of a Positive Behavioral Interventions Support plan but Ms. Miller was never trained in the area of behavioral management. For the 2019 informal classroom teacher evaluation, Ms. Miller was assessed effective in each category, including areas where she was assessed unsatisfactory in 2018. Disciplinary Action at WPES For the first time in her career, Respondent received disciplinary action while working at WPES. On or about September 10, 2018, Respondent was issued an oral reprimand for purported failure to supervise the students assigned to her. On or about September 26, 2018, Respondent was issued a written reprimand for misconduct for purported falsification of documents. On or about October 26, 2018, Respondent was issued a written reprimand for alleged failure to supervise a student assigned to her. On or about November 26, 2018, Respondent was issued Step One progressive discipline for substandard performance due to behavioral concerns in her classroom and failure to report grades. On or about December 11, 2018, Respondent was issued a Step Two verbal reprimand regarding substandard performance. 1 In 2018, Ms. Miller was assessed unsatisfactory in the following areas: 2b. establishing a culture for learning, managing student behavior; 3b. using questioning and discussion techniques; and 3c. engaging students in learning. On or about December 18, 2018, Respondent was issued a Step Three progressive discipline written reprimand regarding substandard performance. Respondent’s educator certificate has no prior discipline.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order finding that: Respondent violated the statues and rules as referenced above; Respondent be placed on probation for a period of two years, with conditions to be determined by the Education Practices Commission. DONE AND ENTERED this 31st day of March, 2021, in Tallahassee, Leon County, Florida. COPIES FURNISHED: S YOLONDA Y. GREEN Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 2021. Emily Moore, Esquire Florida Education Association 213 South Adams Street Tallahassee, Florida 32301 Lisa M. Forbess Interim Executive Director Education Practices Commission 325 West Gaines Street, Room 316 Tallahassee, Florida 32399 Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 Randy Kosec, Jr., Chief Office of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400
Findings Of Fact On April 23, 1980, Petitioner applied for a teaching certificate in the areas of biology, chemistry, and general science. Petitioner had been certified by the State of Florida from August 20, 1974, through 1979 in these subjects. Petitioner allowed his prior certificate to lapse in 1979 as he was not sure he wanted to continue to be a teacher. At the time he allowed his certificate to lapse, he was involved in a drug problem, which drug problem resulted in the three arrests at issue herein. Petitioner was arrested in 1977, in 1978, and in 1979 for possession of controlled substances. Each of the arrests resulted in the withholding of adjudication. None of the arrests involved the sale of drugs, and Petitioner has never sold drugs. Petitioner has not used drugs since January of 1979, the date of his last arrest, and the drug used that date was a drug prescribed for him by a doctor. Prior to this application, Petitioner had reapplied for his teaching certificate. That application was denied since Petitioner was on probation from his arrests. Petitioner has completed all of his probationary periods. During the last year and a half, Petitioner has been teaching at the Miami Shores Preparatory School. He was hired to start a science department and has been teaching seventh and eighth grade life science, ninth and tenth grade biology, eleventh and twelfth grade honors biology, and eleventh and twelfth grade honors chemistry. He is also the swimming coach and serves as a counselor for seventh and eighth graders. Since he has been teaching at Miami Shores Preparatory School, a student has written an essay about him in describing the characteristics of an ideal teacher for a literary contest. The students at Miami Shores have dedicated the school yearbook to him. He has started a program at that school for students with drug problems by enlisting the aid of persons in the drug program which he himself successfully completed. Petitioner has had no difficulty in his present teaching position. However, in order for him to continue teaching at Miami Shores Preparatory School, a Florida teaching certificate is required. He is supported in his application for a teaching certificate by the principal of that school as well as by some of the other teachers, students, and parents of students at that school. Petitioner meets all requirements for issuance of a Florida teaching certificate, and the only basis for Respondent's denial of his application involves his three arrests.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, therefore, RECOMMENDED THAT: A final order be entered approving Petitioner's application for a Florida Teacher's Certificate, providing that Petitioner be issued a Teacher's Certificate on a probationary basis for a period of five years, and further providing that such certificate be automatically revoked if Petitioner be arrested for possession of any controlled substance during his five-year probationary period. RECOMMENDED this 24th day of September, 1981, in Tallahassee, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings Department of Administration 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24 day of September, 1981. COPIES FURNISHED: Ronald C. LaFace, Esquire Roberts, Miller, Baggett, LaFace, Richard & Wiser Post Office Drawer 1838 Tallahassee, Florida 32302 Thomas F. Woods, Esquire Woods, Johnston & Carlson 1030 East Lafayette Street Suite 112 Tallahassee, Florida 32301 Mr. Donald L. Griesheimer Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301
The Issue Whether the Education Practices Commission (EPC) should revoke or suspend the Respondent's Florida teaching certificate, or impose any other penalty provided by law, for the violations alleged in the Administrative Complaint dated April 5, 1994.
Findings Of Fact Respondent holds Florida teaching certificate 326738, covering the areas of History, Political Science, and Economics, which was valid through June 30, 1994. Respondent's teaching certificate has not been renewed for failure to complete three additional course credits. On or about November 1989, Respondent was reported to Professional Practices Services (PPS) for failure to maintain honesty. The basis for the report was that on a teacher in-service day, Respondent did not report to work, but had a co-worker sign in for him. As a result of this report, the Pinellas County School District suspended the Respondent for three (3) days without pay. On or about August 21, 1990, Respondent entered into a Deferred Prosecution Agreement with the Department of Education that extended through the end of the 1990-1991 school year. The Deferred Prosecution Agreement included in its terms the requirements that the Respondent: violate no criminal laws and shall fully comply with all district school board regula- tions, school rules and State Board of Education Rule 6B-1.006, F.A.C.; perform assigned duties and responsibilities in a professional manner and which is satisfactory to the county school board and in compliance with the rules of the Florida Department of Education; and satisfactorily complete a workshop/inservice training course or college level course in developing positive relationships with others. On July 24, 1991, then Commissioner of Education, Betty Castor, revoked the Respondent's Deferred Prosecution Agreement with the Department of Education and filed an Administrative Complaint against the Respondent. On June 30, 1992, the Education Practices Commission (EPC) issued a Final Order regarding the July 24, 1991 Administrative Complaint against the Respondent. On or about August 12, 1992, Karen Wilde, Executive Director of the EPC, notified the Respondent of the terms of the Respondent's probation as provided by the June 30, 1992 EPC Final Order. On May 4, 1992, Betty Castor, Commissioner of Education filed a second Administrative Complaint against the Respondent. The second Administrative Complaint referenced the first pending Administrative Complaint entered against the Respondent and further alleged that the Respondent had engaged in inappropriate and unprofessional conduct. The second Administrative Complaint also alleged that on or about October 25, 1991, the Pinellas County School Board suspended the Respondent with pay and recommended that the Respondent be terminated. On August 18, 1992, the Respondent entered into a Settlement Agreement with the EPC whereby the Respondent elected not to contest the allegations set forth in the May 4, 1992 Administrative Complaint. This agreement required the Respondent among other things to: submit to an evaluation by licensed psychiatrist mutually acceptable to the EPC and the Respondent within sixty (60) days of the date of this agreement. submit to an evaluation by a licensed physician other than [Respondent's] regular physician. This exam must include a medical review to determine the cumulative effects of medication which has been prescribed to [the Respondent], and to determine whether any medications or combinations thereof with each other or with alcohol may contribute to the behaviors which are the basis of the Adminis- trative Complaint. On November 6, 1992, the Education Practices Commission issued a Final Order with regard to the Second Administrative Complaint. The November 6, 1992 Final Order incorporated the terms of the August 18, 1992 Settlement Agreement. On or about December 11, 1992, Karen Wilde, Executive Director of the EPC, notified the Respondent of the terms that the Respondent agreed to in his Settlement Agreement. On or about March 10, 1993, Karen Wilde again notified the Respondent of the requirements of the Respondent's Settlement Agreement and the Respondent's non-compliance with terms of that latest settlement agreement. The Respondent has not complied with the terms of the Final Order of November 6, 1992 which incorporated the Settlement Agreement insofar as the evaluations from a physician and from a psychiatrist have not been submitted. On or about April 1, 1993 Karen Wilde notified the Respondent that the Respondent was being reported to the PPS for non-compliance with the terms of the Final Order of November 6, 1992. On June 30, 1993, the PPS initiated an action against the Respondent for violation of the Respondent's EPC probation. Respondent has taught school for over twenty years. On September 7, 1992, Respondent seriously injured his back in the course of his employment as a result of intervening to prevent a fight between two students. Respondent's injury required him to undergo surgery to repair a herniated disc, and resulted in a 9 percent permanent partial impairment rating to the body as a whole. During this time Respondent was on prescribed pain medication. Respondent filed a worker's compensation claim which was settled by the Pinellas County School Board. The settlement stipulated that Respondent would resign his employment with the Pinellas County School Board, and further provided that the School Board has no objection to deletion of paragraph 8(f) and 8(g) of the settlement agreement. On August 18, 1993, the Respondent resigned his teaching position with the Pinellas County School Board.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: The Respondent be barred from reapplying for a teaching certificate for a period of one (1) year from the final disposition by the Education Practices Commission; That prior to reapplication the Respondent be required to provide the certificates that were required by Paragraph 5 and 6, and shall comply with Paragraphs 8(f) and 8(g), all of the Final Order entered by the Education Practices Commission on November 6, 1992; That upon reemployment in the teaching profession that he be placed on a term of probation of three years on the terms outlined in Paragraphs 7, 8(a), 8(b), 8(c), 8(d), 8(e), and 9, all of the Final Order entered by the Education Practices Commission on November 6, 1992; and That an administrative fine of $500.00 be paid by the Respondent to the Petitioner within the first twelve months of the probationary period. RECOMMENDED in Tallahassee, Leon County, Florida, this 16th day of March, 1995. RICHARD HIXSON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of March, 1995. APPENDIX The following constitute rulings on the Findings of Fact proposed by the parties. Petitioner's Proposed Findings 1.-10. Adopted. 11. Adopted in part. 12.-18. Adopted. Incorporated in paragraph 18. 20.-22. Adopted. Respondent's Proposed Order Adopted in part. Reject as not supported by the evidence. Rejected as irrelevant. Adopted. COPIES FURNISHED: Nathan L. Bond, Esquire 2121 Killarney Way Suite G Tallahassee, Florida 32308 David L. Smith 2521 Oak Leaf Lane Condo D Clearwater, Florida 34623 Karen Barr Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Barbara J. Staros, General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400
