The Issue The issues to be determined are whether Respondent, Mr. William Doran, violated sections 1012.795(1)(g) or (j), Florida Statutes (2012),1/ and implementing administrative rules, as alleged in the Administrative Complaint, and, if so, what is the appropriate sanction?
Findings Of Fact The Commissioner is responsible for investigating and prosecuting allegations of misconduct against individuals holding educator's certificates. Mr. Doran holds Florida Educator's Certificate 1013018, covering the areas of general science, social science, and exceptional student education, which is valid through June 30, 2019. At all times relevant to the complaint, Mr. Doran was employed as a teacher at Southport Middle School in the St. Lucie County School District. On or about May 3, 2013, Mr. Doran became involved in a verbal altercation with M.M., a 13-year-old male student. Student A.L. was present in the classroom on May 3, 2013. She made a video recording of a portion of the altercation between Mr. Doran and M.M. on her cell phone. Shortly after the altercation, school authorities took A.L.'s phone. Later, at hearing, A.L. viewed a video and credibly testified that it was the video recording that she had made. A.L. identified Mr. Doran and M.M. on the video. That video, offered into evidence, was the entire video that she recorded. It is clear under all of the circumstances that it fairly and accurately represented the portion of the altercation that A.L. videotaped. A.L. testified that she was aware that she violated a rule of the St. Lucie County School Board that did not allow her to use her cell phone in class. A.L. did not ask Mr. Doran if she could take the video. She testified that no one knew that she was videotaping the incident. There is no evidence that Mr. Doran, occupied with the confrontation with M.M., was aware that he was being recorded. However, Mr. Doran's recorded oral communications took place in a public school classroom, his place of employment. The statements were made publicly in the presence of many students other than M.M., the student he was addressing. Mr. Doran had no reasonable expectation that those comments would remain private between M.M. and himself. The altercation arose as a result of students playing a slap game in which they touch hands and strike each other until one suffers enough pain to let go. As Mr. Doran described in testimony under oath in an earlier proceeding, the incident began after Mr. Doran directed M.M. and another student to stop playing the game: Q: Did they? A: Yes. M.M. did. Although he then told me, "Well, I like playing this game because it makes me feel good, Mr. Doran." Q: What did you reply? A: I said, "I don't care how much you like it. I don't care if you like jumping off a bridge, you're not going to do it in this classroom." Q: Did Mr. M.M. respond? A: He then – he then responded, "Oh, you want me to jump off of a bridge." And I said, "No, that isn't what I said." * * * Well, M.M. continued to protest and I asked him to please quiet down and allow the class to continue its work and I did this a couple of times. He refused to do it and he finally said, "Get out of my face." As Mr. Doran described, he was four to five feet away from M.M. when M.M. said this, but he then moved closer to M.M. and asked M.M., "Well, what are you going to do about it?" M.M. then repeated "get out of my face" several times and began using obscenities in the classroom. During the course of the altercation with M.M., Mr. Doran called M.M. a coward. During the course of the altercation with M.M., Mr. Doran stood over M.M. and repeatedly told M.M. to "[g]o ahead and hit me." During the course of the altercation with M.M., Mr. Doran told M.M., "Come on big man--what you are going to do about it, hit me?" During the course of the altercation with M.M., Mr. Doran told M.M. to hit him because it would "make my day." It is clear that Mr. Doran's response to M.M.'s inappropriate attitude and language did not defuse the situation, and in fact had the potential to escalate it. Mr. Doran's behavior changed the nature of the incident from one of a student defying institutional authority into a personal, potentially physical, confrontation between M.M. and Mr. Doran as an individual. On or about March 7, 2014, Mr. Doran told his students that he was getting a new male student in the class, that it was more common for male students to be disabled (ESE), that the student's name indicated he was black, and that the student had a behavior plan. On or about November 5, 2014, Respondent resigned from his teaching position with the St. Lucie County School District. Prior History On November 9, 2010, Mr. Doran received a Summary of Conference from his principal, Ms. Lydia Martin, for making inappropriate comments to students. On May 2, 2011, Mr. Doran received a Letter of Concern from Ms. Martin for abusive or discourteous conduct toward students. On February 13, 2012, Mr. Doran received a Letter of Reprimand from Ms. Martin for violating a directive by discussing a matter under investigation and taking pictures of misbehaving students. On May 5, 2012, Mr. Doran received a Recommendation for Suspension from Ms. Martin for failing to comply with directives. Mr. Doran received satisfactory ratings in every category on his evaluation forms for school years 2006-2007 through 2010-2011 (the years admitted into evidence). He received a few Above Expectation ratings and only one Improvement Expected rating in 2006-2007 and gradually improved through 2009-2010, when he received a majority of Above Expectation ratings, with only a few Meets Expectation ratings. In 2010-2011, he received several Above Expectation ratings, a majority of Meets Expectation ratings, and one Improvement Expected rating.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order finding Respondent, Mr. William Doran, in violation of section 1012.795(1)(j), Florida Statutes, and implementing rules. It is further RECOMMENDED that the Education Practices Commission revoke his educator's certificate for a period of two years, at the expiration of which time he may receive a new certificate by meeting all certification requirements at the time of his application, subject to terms and conditions determined by the Education Practices Commission to be reasonably necessary to ensure that there will be no threat to students and that he will be capable of resuming the responsibilities of an educator. DONE AND ENTERED this 20th day of June, 2016, in Tallahassee, Leon County, Florida. S F. SCOTT BOYD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of June, 2016.
The Issue The issues are whether Respondent failed to accommodate exceptional education students, directed derogatory comments to students, and disclosed test grades in class in violation of Subsections 1012.795(1)(c), (f), and (i), Florida Statutes (2000), and Florida Administrative Code Rule 6B-1.006(3)(a) and (e); and, if so, whether the proposed penalty is reasonable. (Statutory references are to Florida Statutes (2000). References to rules are to rules promulgated in the Florida Administrative Code in 2000.)
Findings Of Fact Respondent is authorized to teach physical education in Florida pursuant to Florida Educator's Certificate Number 666407. The Certificate is valid through June 30, 2007. The Pinellas County School District (the District) employed Respondent as a physical education teacher at Gibbs High School (Gibbs) during the 2000-2001 school year (the school year). Respondent's students included students in the exceptional student education program at Gibbs (ESE students). Faculty and staff at Gibbs had tested ESE students in Respondent's classes, identified them as disabled, developed an individual education plan (IEP) for each student, and placed each student in a special education program. The IEPs for some students allowed the students to leave the classroom during testing for a learning lab or other supervised environment. Respondent refused to allow several ESE students to leave the classroom during testing. The students are identified in the record as A.A., A.S., J.T., and J.F. in order to protect their confidentiality. Respondent sometimes afforded ESE students an opportunity to hear their tests read to them at the front of the class. That opportunity violated each student's IEP. Respondent did not have discretion to deviate from an IEP. Some ESE students transferred from Respondent's class. Other ESE students refused to enroll in Respondent's class because of Respondent's reputation among ESE students for refusing to accommodate ESE students during testing. A number of parents complained to school officials about Respondent's failure to accommodate ESE students. Faculty and staff attempted to correct Respondent's behavior through informal conferences. A varying exceptionalities specialist, a teacher assistant, and an administrator with the Office of Professional Standards (OPS) each met with Respondent. Respondent answered an allegation and complaint from one parent by stating to a Gibbs administrator that the student was not an honor roll student, so Respondent's refusal to accommodate the student did not make a difference. Respondent complained to an assistant principal at Gibbs that, "They are ESE students. What are they doing here [in Respondent's class]? They shouldn't be here anyway." Respondent made derogatory comments to students during the school year. The derogatory comments included terms such as: fat, little slacker, stupid, sorry bunch of kids, Gomer Pyle, and Dutch Boy. Respondent asked one of her students, "What's a black boy doing with a Dutch last name?" Respondent asked another student if the student was tired from walking the streets at night and called her "sleeping booty." Respondent directed derogatory comments to students identified in the record as D.V., M.F., J.I., and A.W. Respondent referred to D.V., an African-American, as Dutch Boy because D.V.'s last name sounded Dutch to Respondent. Respondent suggested that D.V. should change names with a white student having a last name that Respondent believed was more appropriate for an African-American. Respondent used the terms "fat" and "stupid" when referring to M.F. and other students in M.F.'s class. Respondent used the term Gomer Pyle to refer to J.I. because J.I. was in the Reserve Officers' Training Corps. (ROTC) program at Gibbs. Respondent told A.W. that larger people don't belong in the physical education class. The derogatory comments degraded students, embarrassed them, were inflammatory to some students, and violated District policy. Respondent violated the Code of Ethics and the Principles of Processional Conduct for Educators by making embarrassing or disparaging remarks and by failing to make reasonable efforts to protect students from mental harm. Respondent has made derogatory comments to students in previous school years. During the 1997-1998 and 1998-1999 school years, an assistant principal received complaints from students about Respondent's use of derogatory comments toward students. The assistant principal held a conference with Respondent on September 15, 1997, and completed a Conference Summary that instructed Respondent to use better communication with students and parents; and to be more professional in addressing students. The complaints against Respondent continued. On September 30, 1997, an assistant principal held a formal conference with Respondent to discuss Respondent's use of derogatory comments to students. The assistant principal again instructed Respondent to refer to students only by their given name and use more professionalism in addressing students. An assistant principal met with Respondent on October 1 and 7, 1997; and on February 13, April 1, and May 4, 1998. In addition to several "walk-throughs," the assistant principal visited Respondent's classroom for an evaluation on March 31, 1998. The annual evaluation for the 1997-1998 school year rated Respondent's judgment as an "I," meaning that improvement was expected in addressing students. The "I" on Respondent's annual evaluation required school administrators to prepare a "Success Plan" to help Respondent address the issues that resulted in the "I" rating. The Success Plan that Respondent signed required Respondent to use positive comments that enhance the self worth of students. Respondent's use of derogatory comments toward students continued during the 1998-1999 school year. An assistant principal held conferences with Respondent on: October 12, 26, and 27, 1998; November 11, 1998; and January 28, March 11, Aril 15, May 3, and May 4, 1999. The assistant principal visited Respondent's classroom on: November 3, 1998; and January 28, March 1, March 11, and April 7 and 15, 1999. Respondent's annual evaluation for the 1998-1999 school year contained more "Is" than the previous evaluation. Respondent received an "I" rating for: (1) Instructional Strategies Conducive to Learning and Critical Thinking; (2) Assessment of Students; and (3) Judgment and Professional Ethics. During the school year at issue, the OPS administrator and Respondent discussed a letter from a parent regarding Respondent's use of derogatory comments. The parent complained that Respondent asked H.T., the parent's daughter, if H.T. was going to be a dentist. H.T.'s last name is related to a dental term. Respondent denied she ever made the comment and then told the OPS administrator, "I can look at her mouth and tell you no." Respondent subsequently told H.T. not to go running to H.T.'s mom if H.T. had a problem with Respondent. Respondent read student grades aloud in class without the permission of the affected student in violation of District policy. Respondent also read the names of students receiving a grade of "A," "B," or "C" thereby disclosing the names of students with lower grades. Disclosing the grades of students in class without the permission of the student invades the privacy of the student and exposes the student to embarrassment. Respondent has a history of disclosing student grades in class. On May 17, 2000, the OPS administrator issued a letter of reprimand to Respondent for disclosing student grades during the 1999-2000 school year. In relevant part, the letter of reprimand stated: I advised you that one concern was related to your announcing student grades of students in front of the entire class. You said that the Governor had given schools grades and that you could tell students their grades. I advised you that was not so; that student information was protected and confidential and I directed you to refrain from the practice. You said that you didn't read all of the grades. I noted that students said you read grades of students who had A's, B's, and C's. I said that some students who had lower grades were embarrassed. I again reiterated that you should cease reading the grades. Respondent continued to disclose student grades during the school year at issue. Respondent read to the class the grades of A.A., A.S., A.W., C.A., and M.F. Each had failing grades. Respondent passed a test completed by A.S. down a row of students so that each student could see the test score on the front of the test and stated audibly that the only thing A.S. "got right" on the test was the date. The comment embarrassed, upset, and humiliated A.S. The District placed Respondent on administrative leave in October 2000. After Respondent returned from her administrative leave, the OPS administrator received more complaints about Respondent's behavior, and issued another letter of reprimand to Respondent on April 27, 2001. Respondent wrote the following message on the letter prior to returning the signed copy to the OPS administrator: "This is BS. Thank you [OPS administrator]." The District transferred Respondent from Gibbs to a school where Respondent works with another teacher. The transfer shows that Respondent had lost her effectiveness at Gibbs, but not as an employee. The District had a lot of complaints at Gibbs about Respondent. There were issues with Respondent's effectiveness at the school. The District determined that a transfer to another school might help Respondent "get a new start."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding Respondent not guilty of violating Subsections 1012.795(1)(c) and (f); guilty of violating Subsection 1012.795(1)(i) and Rule 6B-1.006(3)(a) and (e); suspending Respondent's Florida Educator's Certificate during the summer session after the current school year; and, on the date of the Final Order, placing Respondent on probation for two consecutive years, including the period of suspension, subject to the conditions prescribed in Petitioner's PRO. DONE AND ENTERED this 21st day of October, 2003, in Tallahassee, Leon County, Florida. S DANIEL MANRY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of October, 2003. COPIES FURNISHED: Kelly B. Holbrook, Esquire Broad and Cassel 100 North Tampa Street, Suite 3500 Post Office Box 3310 Tampa, Florida 33602-3310 Robert F. McKee, Esquire Kelly & McKee 1718 East 7th Avenue, Suite 301 Post Office Box 75638 Tampa, Florida 33675-0638 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street 1244 Turlington Building Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
The Issue Whether Respondent committed the offenses set forth in Administrative Complaint and, if so, what penalties should be imposed?
Findings Of Fact Respondent holds Florida Education Certificate No. 670247 and has been employed in the Bay County School system for 10 years. At all times material to this proceeding, Respondent was employed as a teacher at A.D. Harris High School, an alternative school for students who have problems in main stream high schools in the Bay County School District. Respondent has received satisfactory evaluations with no areas requiring improvement during his eight-year tenure at the High School. M.M., a female student at A.D. Harris High School from eighth grade through twelfth grade, graduated from the high school in June of 1998. During her eleventh-grade year (school year 1996-1997), M.M. was in Respondent's first period media production class and also in his homeroom class. M.M. made good grades in the class and was not a disciplinary problem. Anita Goodman is the principal of A.D. Harris High School. Students frequently discuss their personal problems with teachers and Goodman has encouraged relationships of trust between students and teachers. She cautions teachers, however, to be careful in the course of such activity, particularly with regard to male teachers providing counsel to female students on a one-to-one basis since often any resulting accusations become a credibility issue of student versus teacher. Notwithstanding Goodman's advice, Respondent became the confidant of M.M. during the course of the school year. When M.M., who is white, initiated a discussion with Respondent concerning the difficulties of her relationships with the black boys she was dating, Respondent told her to try dating white boys since she was having trouble with the black male students. Some time later, allegations were made by M.M., to the effect that Respondent spoke with her on two occasions and made denigrating comments about her associations with black males. These allegations by M.M., surfaced weeks after the alleged occurrences and after referral of M.M.'s boyfriend, J.W., to the office by Respondent for fighting (a fact corroborated even by M.M.). Based upon her demeanor, M.M.'s testimony is not otherwise credited. Conversely, Respondent is the father of two adopted children of Korean lineage who socialize with black and white teenagers. Students of both races are jointly entertained in Respondent's home. Respondent has no history of using racially derogatory terms in school or at home.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered dismissing the Administrative Complaint. DONE AND ENTERED this 19th day of May, 2000, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of May, 2000. COPIES FURNISHED: H. B. Stivers, Esquire Law Offices of Levine & Stivers 245 East Virginia Street Tallahassee, Florida 32301 J. David Holder, Esquire Post Office Box 489 Defuniak Springs, Florida 32435 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
The Issue Whether the allegations of the Administrative Complaint are correct and, if so, what penalty should be imposed.
Findings Of Fact At all times material to this proceeding, Roosevelt Harvey (Respondent) held Florida teaching certificate numbered 134571, valid through June 30, 1997. He is certified in the areas of mathematics, junior college, and administrative supervision. He has been employed by the Escambia County School Board for approximately 25 years, and scheduled to retire on August 1, 1991. During the 1987-88 and 1988-89 school years, Respondent was assigned to the Judy Andrews Middle School Center. 1/ In May 1989, Respondent was specifically assigned to assist Marc Brown, a classroom teacher, with maintaining discipline in Brown's classroom. The class was comprised of students with learning difficulties related to behavioral problems and lack of self control. The students had difficulty focusing on and completing tasks, and were often disruptive. On May 18, 1989, Brown's class was particularly disruptive. Respondent was first required to escort one sixth grade student, D. S., to the school dean's office to resolve a disciplinary referral submitted to the dean by Brown on the day before. The student was suspended. However, because there was no transportation available, the suspension was effective the following day and D. S. was returned to Brown's classroom. On May 18, 1989, other students in Brown's classroom were involved in altercations and leaving the classroom without approval. Respondent was subsequently directed to remain outside Brown's classroom and prevent students from leaving the area. Respondent was in the habit of using a double edged shaving razor blade to scrape errant marks off of duplicated copies of various written materials. The blade was not attached to any type of handle. On May 18, 1989, he was using the razor blade to remove stray marks from duplicated "National Geographic" articles which were to be used as part of a school project, while he monitored the hallway outside Brown's classroom. As Respondent stood outside Brown's classroom, the already suspended D. S. approached. Upon Respondent's inquiry, D. S.'s stated that he was on his way to the restroom. D. S. had no written restroom pass and Respondent instructed D. S. to return to the classroom. D. S. approached a second time and inquired about Respondent's razor blade. Respondent held the blade so that D. S. could see it, moved his hand holding the blade up and down vertically and stated, "Do you know what blood is? I'll show you blood." Respondent did not attempt any physical contact with D. S. and did not move towards the student. D. S. reentered the classroom. Some time thereafter, Respondent entered Brown's classroom to ascertain the whereabouts of another student. Upon Respondent's entry into the room, student J. C. approached and inquired about the razor blade. Respondent, otherwise occupied, ignored J. C., who persisted in his efforts to see the blade. Respondent eventually held the blade toward J. C. and stated, "I'm want to see some blood. Do you want to show me some of yours?" J. C. walked away from Respondent. Brown's classroom was in such a disorderly state, that Brown was distracted during the razor blade incidents. He did see student J. C. near the Respondent, and partially overheard Respondent's comment to J. C., but saw nothing that would suggest that the students were threatened by Respondent's behavior. Respondent believed that the students were "playing games" with him during the razor blade incidents. The razor blade was visible while he worked on the articles. He did not intend to harm or embarrass the students. Other than to encourage D. S. to return to the classroom, there is no behavior which directly involved an attempt to discipline a student. Although D. S. testified that he was "starting to get scared", neither D. S. nor J. C. yelled or attempted to run from Respondent. However, Respondent acknowledges that the actions were inappropriate and ill-advised. In 1986, Respondent received a three day suspension without pay from the Escambia County School Board for striking a student. In 1988, Respondent received A ten day suspension without pay from the Escambia County School Board for absences without authorization. Prior to the May, 1989 incident, the Respondent had sought transfer into a regular teaching position. Following the incident, he was suspended with pay from the Judy Andrews Center and then transferred to Pine Forest High School where he returned to classroom teaching. Other than the timing of the transfer, there is no evidence that the reassignment as directly related to the razor blade incident.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Education Practices Commission enter a Final Order suspending the teaching certificate of Roosevelt Harvey for a period of one year during which time Mr. Harvey shall be required to complete college-level course work on the subjects of assertive discipline and classroom management, followed by a one year probationary period. It is further recommended that, prior to employment in a classroom situation, Respondent submit to a psychological evaluation, to be supervised by the Education Practices Commission, in order to determine that the Respondent poses no threat of harm to students. DONE and RECOMMENDED this 28th day of August, 1991, in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 1991.
The Issue The issues in this case are whether Respondent, Debra E. West, a middle school teacher, made inappropriate or disparaging remarks to her students or exposed them to unnecessary embarrassment or disparagement; whether she failed to correct performance deficiencies; and, if so, whether the proposed penalty of dismissal is reasonable.
Findings Of Fact Respondent has been employed as a teacher in the Pinellas County School District since August 20, 1991. The allegations which are the subject of this case arose while Respondent was teaching sixth-grade physical education and health at Azalea Middle School (Azalea). Most of Respondent's students at Azalea are 12 years old. Before becoming a teacher at Azalea, Respondent was a physical education teacher at Gibbs High School. In 2001, the School Board administratively transferred Respondent to Azalea from Gibbs High School to provide Respondent a "fresh start," following numerous complaints from parents beginning in 1997 about Respondent's making inappropriate remarks to students and disclosing student grades at Gibbs High School. In 2003, the commissioner of education brought disciplinary action against Respondent for her alleged violations of state statutes and rules governing teachers during the time she was a teacher at Gibbs High School. On March 2, 2004, following an evidentiary hearing conducted by DOAH, the Education Practices Commission issued a Final Order suspending Respondent's educator's certificate for the 2004 summer session and placing Respondent on probation for two years. In his Recommended Order in the earlier case against Respondent, the Administrative Law Judge made the following findings: Respondent made derogatory comments to students during the [2000-2001] school year. The derogatory comments included terms such as: fat, little slacker, stupid, sorry bunch of kids, Gomer Pyle, and Dutch Boy. Respondent asked one of her students, "What's a black boy doing with a Dutch last name?" Respondent asked another student if the student was tired from walking the streets at night and called her "sleeping booty." * * * Respondent has made derogatory comments to students in previous school years. * * * Respondent read student grades aloud in class without the permission of the affected student in violation of District policy. Respondent also read the names of students receiving a grade of "A," "B," or "C" thereby disclosing the [identity] of students with lower grades. * * * Respondent has a history of disclosing student grades in class. * * * Respondent read to the class the grades of [five students]. Each had failing grades. Respondent passed a test completed by A.S. down a row of students so that each student could see the test score on the front of the test and stated audibly that the only thing A.S. "got right" on the test was the date. The comment embarrassed, upset, and humiliated A.S. At Azalea, parents continued to complain that Respondent was making disparaging remarks that upset and embarrassed their children. The complaints resulted in multiple conferences between Respondent and Azalea administrators and, ultimately, to her receipt of poor performance evaluations and official reprimands. Numerous students were transferred out of Respondent's classes at the request of parents whose children had complained to them about Respondent. On November 28, 2005, Superintendent Wilcox notified Respondent by letter of his intent to recommend to the School Board that Respondent be dismissed. At the School Board's meeting of December 13, 2005, the School Board accepted the superintendent's recommendation for dismissal. Respondent was suspended without pay beginning December 13, 2005, pending the outcome of this administrative proceeding to review the School Board's action. "Tiny Tot," "Shrimphead," and "Dumbo" T.J., who is small for his age, stated that Respondent called him "tiny tot" and "shrimphead," which embarrassed and upset him. T.J. also said Respondent called him "dumbo." Respondent denies calling T.J. by these names. No other student who testified at the final hearing said they heard Respondent call T.J. "tiny tot," "shrimphead," or "dumbo." No other student claimed that Respondent called him or her by one of these names. The evidence was insufficient to prove that Respondent called any student by another derogatory name. The only corroborating evidence presented by the School Board was the hearsay testimony of T.J.'s stepmother who said T.J. told her that Respondent called him by these names. Although T.J. might have been telling the truth,1 his testimony with regard to these insults, standing alone and taking into account his demeanor, was not persuasive. The School Board, therefore, failed to meet its burden to prove that Respondent called T.J. "tiny tot," "shrimphead," or "dumbo." "You must have studied in the dark." Respondent admits that she made the comment, "You must have studied in the dark," to T.J. and to other students on occasion, but denies that it was ever meant to disparage or to embarrass the students to whom the comment was directed. Of all the disparaging comments that Respondent is alleged to have made, this one is the most innocuous. It is difficult to imagine how teachers could be held to a standard of refraining from any comment of this kind or risk dismissal. However, many otherwise innocuous comments, if made in a disrespectful tone of voice, can be disparaging and can embarrass a student. The testimony from the parents of several students was hearsay with regard to what Respondent said to their children, but it was not hearsay with regard to the parents' observations of the emotional distress that Respondent caused to their children. The emotional distress reported by the parents and which resulted in numerous complaints made to Azalea administrators about Respondent's comments, therefore, is persuasive evidence that Respondent's comments were often made in a tone of voice and under circumstances that caused the students to feel disparaged and embarrassed. "Take your grow up pill." T.J. also stated that Respondent told him in front of his classmates to “Take your grow-up pill.” He took this comment to be a reference to his small size, and he said the comment upset and embarrassed him. Respondent concedes that she told T.J. that he "needed to grow up" because he was acting immaturely by frequently failing to bring his folder to class, but that she did not intend to belittle T.J. because of his size. Respondent, herself, is of small stature. Respondent told other students to "Grow up" from time to time when she thought they were acting immaturely. The preponderance of the evidence supports Respondent's contention that her comment to T.J. was not intended to belittle him for his small size. A teacher's comment to "Grow up," or even to "Take a grow up pill," is a relatively innocuous comment that under ordinary circumstances should not cause a student to feel disparaged unless they are particularly sensitive. However, like the comment "You must have studied in the dark," the tone of voice used and other circumstances could make any student perceive the comment as disparaging and cause them to be embarrassed. "Dumb boys make dumb babies." Several students testified that Respondent made the comment “Dumb boys make dumb babies” during her health class in the fall of 2005. Respondent admits making this comment and explained that it was intended to make her students think about the consequences of the choices they make in life. Respondent denies directing the comment to T.J. or to any other student in her class to indicate that she thought the student was dumb. This comment is another example of Respondent's habit of making a comment by which she intends to convey a legitimate message with humor, but using words that also convey disparagement. The School Board's evidence was not persuasive that Respondent directed this comment to T.J. or any other student in her class to indicate she thought that student was dumb. However, the comment, even as explained by Respondent, was inappropriate because it indicated that Respondent had a low opinion of certain boys that "hung out" in the lunch room. Although Respondent's intended message was a good one, it is never appropriate for a teacher to refer to any student as being dumb. Respondent presented the testimony of other teachers and school employees who said they sometimes observed Respondent's classes and never heard Respondent make inappropriate comments to her students. That evidence was not sufficient to rebut the School Board's evidence that Respondent made the inappropriate comments discussed above because the comments could have been made, and evidently were made, at times when Respondent was not observed by these other teachers and school employees. There was other evidence presented by Respondent to show that she has a number of good teaching skills and is appreciated and even loved by many of her students. That evidence is accepted as credible, but is not inconsistent with the charge that she made inappropriate and disparaging comments to some of her students. Telephone Calls to Parents During Class While teaching at Gibbs High School, Respondent would occasionally make a telephone call to parents during class, which Respondent considered to be an effective "classroom management technique," in the presence of students Connie Kolosey, an assistant principal at Azalea and Respondent's supervisor, said that when she discovered that Respondent had called a parent from the classroom, she directed Respondent not to do it anymore. Respondent admits that Ms. Kolosey told her that making calls to parents during class was "not done at Azalea," but Respondent claims she was not told to stop. The School Board presented evidence to prove that Respondent continued to call parents from her classroom to discuss their children's low grades or misbehavior in a manner that allowed students to hear the conversations or, at least, to know which students were the subject of the conversations. Respondent said she never called parents during class time. She said that she sometimes called parents from the telephone in her classroom, but not during class time. Respondent also denied ever divulging confidential information about a student in front of other students. However, there appeared to be agreement that, on one occasion, a student, J.T., called his mother during class and then handed the telephone to Respondent so she could talk to his mother. Even under Respondent's version of the event, having the telephone conversation with J.T.'s mother during class and within sight and hearing of the other students was inappropriate and reasonably calculated to embarrass J.T. In another incident in which the mother of a student complained that she was called by Respondent about her child during class, Respondent told Theresa Anderson, the principal of Azalea, that the call was not made during class. However, Ms. Anderson later discovered that Respondent had not made the call from a certain school phone as Respondent had claimed, but from Respondent's own cell phone. Respondent's version of the event, therefore, is discredited, and the more persuasive evidence establishes this as a second instance in which Respondent called a parent during class, which exposed the student to unnecessary embarrassment. Respondent admitted that she would occasionally pretend to call a parent from the classroom as a classroom management technique. According to Respondent, instead of actually calling a parent, she would dial her own mother's phone number or no number at all and then pretend to have a conversation about the low grade or misbehavior of a student. Although Respondent did this in a manner that purposely allowed her students to see her make the call and to hear enough to know that Respondent was having a serious discussion with a parent about a student, Respondent denies that any student in her class knew whose parent she was pretending to call. That claim is not credible because, unless Respondent made these pretend calls in conjunction with an event related to a student's low grade or misbehavior, it would not serve its purpose as a classroom management technique. In other words, it is more likely that when Respondent made a pretend call to a parent, the students in her class had some idea which student was in trouble and why.2 This practice of Respondent, therefore, was inappropriate and exposed students to unnecessary embarrassment. Discussing Low Grades in the Classroom Respondent denied ever divulging student grades in class but admitted that she rewarded students who received A's and B's by calling them to the front of the class and awarding them “Azalea bucks.” Students who received A’s were given two Azalea bucks, and students who received B’s were given one Azalea buck. Azalea bucks could be redeemed for ice cream. By calling up the A and B students, Respondent created a situation in which the students who made lower grades were also identified. No evidence was presented by the School Board about its policies regarding the recognition given to students who make good grades. The School Board did not dispute that Azalea identifies honor roll students. Any time that a school recognizes students for their academic achievement, that recognition will necessarily have the effect of identifying the students who have not done as well. That is a reasonable consequence and does not cause the recognition of the best students to be an act of disparagement against all the other students. Students N.R. and J.G. said Respondent read student grades out loud in class. J.G. said Respondent read the grades of students who received D’s and F’s. N.R. said Respondent would line students up according to the grades they got. Their testimony was persuasive to prove that Respondent conducted her classes in such a way that student grades, including low grades, were sometimes made known to other students. Failure to Correct Performance Deficiencies Administrative officials at Azalea spent a considerable amount of time responding to complaints from parents about Respondent, investigating allegations against her, as well as counseling and disciplining Respondent. Three consecutive "success plans" were developed for Respondent in an attempt to change her style of speaking to students to eliminate the disparaging remarks and to prevent any further disclosure of a student's low grade. When the findings of the prior administrative hearing involving Respondent's problems at Gibbs High School are compared to the findings set forth above regarding Respondent's problems at Azalea, it appears that Respondent's latest infractions are less egregious. However, Respondent's deficiencies have not been corrected. It is significant that Respondent's deficiencies have been moderated only a small degree from the past despite her being on probation and repeatedly disciplined. Although slightly moderated, Respondent's deficiencies continue to upset students, cause numerous complaints to be made by parents, and create considerable inconveniences for school administrators. Two assistant principals at Azalea and an administrator in the Pinellas County School District's Office of Professional Standards were all of the opinion that Respondent is ineffective as a teacher due to her performance deficiencies.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Pinellas County School Board issue a final order finding that Respondent violated School Board policies set forth in Sections 8.25(1)(n), (t), and (x) and dismissing her from her employment with the School Board. DONE AND ENTERED this 13th day of December, 2006, in Tallahassee, Leon County, Florida. S BRAM D. E. CANTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of December, 2006.
The Issue The issue in this case is whether the Education Practices Commission should revoke or otherwise discipline the Respondent’s educator certificate for allegedly making disparaging or embarrassing comments to and about students in his classroom, including calling them idiots or dumb.
Findings Of Fact The Respondent has a bachelor’s degree in astrophysics and a master’s degree in physics from the University of Central Florida. He has worked for Disney World’s education programs and at the Orlando Science Center. When he decided to go into teaching, he got a temporary certificate in February 2013. He started teaching at East River High School in Orange County in April 2013, as an end-of-the-year replacement. When he completed his master’s degree, the certificate was made permanent, and he holds Florida Educator Certificate 1191412 in the area of physics, valid through June 30, 2019. He was hired as a full- time science teacher at East River in the fall of 2013. In September 2013, a student complained that the Respondent insulted the school band and some of its members. The Respondent wrote a letter in response to the charge in which he denied any knowledge of what he might have said to insult any student or disparage any extracurricular activity of any student and absolutely denied any intent to insult or disparage the band or any band member. He also made an impassioned statement of his deep concern for his students and of the many ways in which he had been supporting the extracurricular activities of his students. The only other evidence on the subject was in the form of hearsay statements written by students who did not testify. Some of the students wrote that they never heard the alleged insults and disparagements. The evidence was insufficient to support a finding that there were any insults or disparagements. The September 2013 band complaint was found by the school administration to be unconfirmed. Nonetheless, the Respondent was given a letter of guidance, also called a directive to: exercise good judgment when engaging in discussions with students; use positive, encouraging comments to motivate and inspire students; take appropriate measures in discussions with students, so as not to expose a student to unnecessary embarrassment or disparagement; and protect all students from conditions harmful to learning and mental and/or physical harm. A letter of guidance or directive is not disciplinary in nature. In January 2014, a female student complained that the Respondent made her feel uncomfortable by standing close to her and by staring at her chest. The only evidence on the subject was in the form of hearsay statements written by students who did not testify. The evidence was insufficient to support a finding of fact in this case. Nonetheless, the January 2014 complaint was found by the school administration to be confirmed, and the Respondent was given another letter of guidance or directive to: consider in advance how to respond to various situations involving students and always maintain respectful distance so as not to invade personal space of individual students; and exercise care and professional judgment when engaging with students so that others would not perceive or misinterpret his behavior as inappropriate. No other incidents came to the attention of the school’s administration until May 27, 2014. Meanwhile, the Respondent’s performance as a teacher for 2013/2014 was evaluated by the school’s administration to be highly effective. On May 27, 2014, a student named Tanner Hearn complained to the school’s administration that the Respondent had been unfair, mistreated him, made negative comments about him, and called him names. The Tanner Hearn complaint was triggered by events beginning at the end of April or early May of 2014. Tanner wanted to raise a grade he got on one of his assignments. His mother, who is a teacher, suggested that Tanner ask the Respondent if he could redo the assignment. The Respondent refused because the assignment was 2-3 weeks late. After the refusal, Tanner told his mother that the Respondent had allowed other students to redo assignments to raise their grades. Tanner’s mother advised Tanner to ask again. The Respondent again refused. After the second refusal, now believing the Respondent was treating her son unfairly, Tanner’s mother advised him to e-mail the Respondent, which he did three times. Each communication with the Respondent was more demanding than the last. Finally, Tanner’s mother e-mailed the Respondent to support her son and strongly suggested that the Respondent let Tanner redo the assignment rather than make them set up a parent- teacher meeting with guidance and the school’s administration. The Respondent defended himself and refused to budge. The Respondent testified that his policy on redoing assignments evolved during the school year. Earlier in the year, he allowed student assignments to be reopened after the due date. Later, he settled on a policy that requests to redo an assignment had to be made before the due date. He testified that Tanner knew the policy and acknowledged it during a discussion they had earlier in the school year when Tanner was considering dropping physics. In late May 2014, when Tanner and his friends were at his house discussing the Respondent’s perceived unfairness towards him, the discussion turned to negative comments and name- calling by the Respondent directed towards Tanner previously during the school year. Tanner’s mother overheard the discussion. She thought the negative comments and name-calling were inappropriate and evidence of the Respondent’s unfairness towards her son. Mrs. Hearn called East River’s assistant principal, whom she knew personally, to complain and demand that something be done. This triggered an investigation by the school. As part of the investigation, the school’s administration interviewed numerous students to see if they ever heard the Respondent call any student derogatory names or embarrass or disparage them. Some students answered in the affirmative and reported what they remembered hearing. Others answered in the negative. Rachel Johnson, one of the students who reported hearing the Respondent call Tanner names, also stated that the Respondent embarrassed her by insulting her religion in the course of a discussion about a film he showed in class. The school’s administration investigated this new charge as well. Several students gave statements saying no improper commentary occurred. No other student statements corroborated the new charge. In her statement to the school’s administration, Rachel Johnson also complained that the Respondent gave exams early, contrary to school policy. No other student statements or testimony supported this charge. The school concluded its investigations in late August 2014. The school’s administration found that the Tanner Hearn and Rachel Johnson charges were confirmed by the investigation. The Respondent was given another letter of guidance or directive, this time accompanied by a reprimand, for failure to follow the approved exam schedule, improper use of video, and negative comments made to students. The Respondent testified that he disputed the reprimand and it was withdrawn, but there was no other evidence that it was withdrawn. In December 2014, Rachel Johnson gave another statement, which included a charge that the Respondent called her a dumb blonde and a stereotypical female. No witness statements corroborated this charge. Rachel Johnson testified in support of the charge. There was no other testimony or evidence in support of the charge. Only a few of the students who gave written statements testified at the hearing. Several testified that on occasion the Respondent would call certain students names like idiot, jackass, and stupid. They testified that the Respondent seemed to do this mostly to the three football players in the class, especially Tanner Hearn. There also was testimony that the Respondent would sometimes ask for a volunteer to answer a question but say something like, “anyone but Tanner since he won’t know the answer.” The context of these kinds of comments by the Respondent was not clear from the evidence. Probably, some were made out of anger or frustration after Tanner disrupted the class or acted out. Some were made jokingly as part of banter back and forth. The impact of these kinds of comments by the Respondent on Tanner and the other students also was not clear from the evidence. No student complained about them at the time they were made. Often, Tanner would appear to shrug them off and say something like, “ha, ha, very funny.” Tanner testified that, however he may have responded at the time, he was affected by the comments, and they made him less likely to participate in class. Some of the students testified that the comments were not made in a joking manner and that they were embarrassed for Tanner and sometimes said to him something like, “I can’t believe he said that to you.” Rachel Johnson testified in support of her anti- religion and dumb blonde charges. There was no other testimony in support of those charges. The Respondent denied them. After the investigations began in May 2014, Tanner’s demeanor and attitude towards school changed markedly. Before the investigations, he was a good if not a model student. He had a positive and enthusiastic attitude about school earlier in the year, especially during football season. During the investigations, he seemed to some to be quieter and less enthusiastic. In his mother’s words, the controversy of the investigations put a damper on the last few weeks of the school year. The precise reason for Tanner’s change of attitude towards school during the investigations is not clear. He and his mother agreed that he was not confrontational, and he did not want his mother to complain to the school. In addition, Tanner soon found himself the subject of another investigation. When the Respondent started hearing rumors that Tanner was telling other students he was going to get the Respondent fired, the Respondent told the school’s administration and asked for an investigation. Tanner testified that he asked the school’s administration what he should do at that point that he was advised to stop talking about the investigations. These developments may have been factors in Tanner’s change of demeanor at the end of the school year. The Respondent testified that he was not guilty of any of the charges. East River’s assistant principal testified that the Respondent admitted to her during the investigation that he called Tanner Hearn an “idjiout” (a variation of the word idiot). The Respondent testified that he did not remember making that admission. The evidence was clear and convincing that the Respondent called Tanner and other students names like idiot, jackass, or stupid on occasion during the course of the 2013/2014 school year. Sometimes this was done out of anger or frustration after Tanner disrupted the class or acted out. Sometimes the words were spoken loud enough to be overheard. Sometimes, it was done in a joking manner, as part of banter back and forth. The evidence was not clear and convincing that the Respondent reasonably knew or should have known that the student involved would be embarrassed or humiliated. None of the other charges against the Respondent were proven by clear and convincing evidence. The Respondent continued teaching at East River during the 2014/2015 school year. The school’s administration evaluated the Respondent’s performance as a teacher for the 2014/2015 school year to be effective. The Respondent did not return to teaching after the 2014/2015 school year because the investigations and their outcomes took a toll on him and he felt burnt out on teaching.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order dismissing the Administrative Complaint. DONE AND ENTERED this 15th day of December, 2016, in Tallahassee, Leon County, Florida. S J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of December, 2016. COPIES FURNISHED: Gretchen Kelley Brantley, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 316 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Melissa C. Mihok, Esquire Melissa C. Mihok, P.A. Suite 445 201 East Pine Street Orlando, Florida 32801 (eServed) Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 (eServed) Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed)
The Issue The issue for consideration in this matter is whether Respondent should be dismissed from employment with the Polk County School Board because of the matters alleged in the letter of intent prepared by the Superintendent of Schools.
Findings Of Fact At all times pertinent to the issues herein, the Petitioner, Polk County School Board, (Board), was the county agency responsible for providing public primary, secondary and adult education in Polk County, Florida, and operated Haines City High School, (HCHS), in Haines City. Respondent had been employed at HCHS for eight years, and in the last two years prior to the incidents herein taught in the school's Diversified Cooperative Training Program, (DCT) under a continuing contract of employment. DCT students are allowed to leave campus before the end of the school day to work at jobs in the local area. However, Respondent allowed some students to leave school during the morning hours for the purpose of getting breakfast and, coincidentally, to bring items back to school for her to eat. There is also allegation that Respondent would solicit students to run personal errands for her during school hours but would not give them a pass to allow them to lawfully leave the campus. Allegedly, she advised them that they were on their own and she would deny responsibility or knowledge if they were caught. Taken together, the evidence establishes that Respondent did allow students to leave class on personal business and did not give them passes to be off campus. It also appears that she solicited them to pick up items for her while they were away, but not that she solicited students to leave class to run errands off campus for her. Even so, her actions are in violation of the Board policy regarding student absence from campus, a policy about which Respondent had been briefed. In addition, some time during the Autumn of 1994, Respondent overheard a student on the school's football team, Bradford Parton, discussing with his girlfriend the fact he was having cramps. Respondent advised him he should take potassium and on at least one occasion, during a class session, gave Parton a pill which, she said, would give him energy and take away his cramps. She believed the pill was the functional equivalent of one banana. Respondent was aware that it was a violation of Board policy for anyone other than the school nurse to administer any form of pill or medication to a student. When the Principal learned that Respondent had given Parton the pill, he directed an investigation into the matter. On November 17, 1994, after he had heard that Respondent was making comments in class to the effect that the students were getting her in trouble with the administration, the Principal gave her verbal instructions not to discuss these matters with the students and to limit her conversations with them to matters related to class work. His comment to her included, "Just teach the class. Just don't bring yourself down to their level." The following day, on November 18, 1994, after receiving word that Respondent had again spoken to Parton after he had warned her not to do so, the Principal reduced his prior comments to writing and again instructed her not to discuss the matter with any students, warning her that he considered her doing so a matter of insubordination which, if repeated, would result in severe disciplinary action. There is some indication Respondent, in early December, 1994, advised several students after the warning she was going to have them removed from her class She subsequently advised the school's guidance counselor that several of the students involved should be removed from her class because they appeared to be "unhappy" in it. The students denied being unhappy in class and urgently resisted being removed because they needed the credit to graduate. Respondent's comments to the students constituted insubordination, and her action in urging removal of the students was considered by the administration to be an attempt at retaliation against them because of their allegations made against her. There is also indication that while the investigation into the allegations against her was under way, Respondent spoke with Ms. Denmark, another teacher, who was in the room when Respondent gave the pill to Mr. Parton, in an effort to get her to change her statement. School Board officials consider Respondent's blatant violation of school rules and policies by allowing students to leave campus without a pass and by improperly administering a pill to a student combine to severely impair her effectiveness as a teacher. Under the circumstances established here, this appears to be the case. Prior to the initiation of this action, Respondent had received a verbal warning regarding drinking in front of students at a conference and regarding making untoward comments about Blacks. Her personnel record, commencing with the teacher evaluation of her performance in the 1988-1989 school year, reflects positive comments and no substantial criticism. However, in July, 1994, the Superintendent advised Respondent of his intention to suspend her without pay for five days for making improper comments of a sexual nature toward students and for allowing students to grade papers, to average grades and to have access to her grade book. Respondent requested hearing on this proposed action. That hearing was held consolidated with the instant hearing and no final action has been taken by the Board.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Respondent, Mary L. Canova's, suspension without pay pending hearing be sustained and that she be dismissed from employment as a teacher with the Polk County School Board because of misconduct in office and gross insubordination as described herein. RECOMMENDED this 3rd day of November, 1995, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 3rd day of November, 1995. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 95-2599 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. FOR THE PETITIONER: 1. - 4. Accepted and incorporated herein. - 9. Accepted and incorporated herein. Accepted in so far as Respondent allowed students to leave campus and periodically suggested those who did run errands for her. - 13. Accepted and incorporated herein. 14. Accepted and incorporated herein. FOR THE RESPONDENT: & 2. Accepted and incorporated herein with the understanding that the term, "no further details regarding the allegations were provided" refers to the charging letter, and that Respondent was provided with specific allegations of misconduct prior to hearing. Accepted and incorporated herein. Accepted. Accepted and incorporated herein. Accepted and incorporated herein. & 8. Accepted and incorporated herein. First sentence accepted and incorporated herein. Second sentence rejected. See Partain's December 2, 1994 letter to Chapman. Accepted and incorporated herein. COPIES FURNISHED: Donald H. Wilson, Jr., Esquire Lane, Tron, Clarke, Bertrand, Vreeland & Jacobsen, P.A. Post Office Box 1578 150 East Davidson Street Bartow, Florida 33831 Mark Herdman, Esquire Herdman and Sakellarides, P.A. 24650 U. S. Highway 19 North Suite 308 Palm Harbor, Florida 34684 John A. Stewart Superintendent Polk County Schools Post Office Box 391 1915 South Floral Avenue Bartow, Florida 33830
The Issue Whether Respondent should be transferred from Glades Middle School to an opportunity school.
Findings Of Fact For the 1989-90 school year John Sarmiento was enrolled in the Dade County public school system and he was assigned to the eighth grade at Giades Middle School. On November 27, 1989, Petitioner administratively transferred him from Glades Middle School to J.R.E. Lee, an opportunity school. The stated basis for the transfer was the student's disruptive behavior and his failure to adjust to the regular school. As an opportunity school, J.R.E. Lee has a more structured program than a traditional school, such as Glades Middle School, and is designed to assist students with discipline problems. While attending Glades Middle School, John Sarmiento repeatedly engaged in disruptive conduct that interfered with his own learning and with the learning of others in his classes. This conduct resulted in his being referred to the assistant principal's office between five and ten times per week. On one occasion the student, while in class, threw a piece of chalk at another student. On another occasion, the student engaged in an argument with another student that almost resulted in a fight during class. On an almost daily basis, the student would wander around the class while making loud, boisterous comments. This student's misconduct would have merited his suspension according to the district code of student conduct. Instead of suspending this student, the school officials worked with him and with his parents in an effort to improve his behavior. Unfortunately the considerable efforts of the personnel at Glades Middle School to serve the student's educational needs did not succeed. The student needs the structured environment that the opportunity school can provide, and his educational needs will best be served by his transfer.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Petitioner enter a final order which approves John Sarmiento's assignment to the J.R.E. Lee opportunity school. DONE AND ENTERED this 3rd day of April 1990, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 3rd day of April 1990. COPIES FURNISHED: Frank R. Harder, Esquire 2780 Galloway Road, Suite 100 Twin Oaks Building Miami, Florida 33165 Maria Ruiz de la Torre, Esquire 7111 Biscayne Boulevard, Suite Three Miami, Florida 33138 Madelyn P. Schere, Esquire Assistant Board Attorney Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Dr. Paul W. Bell Superintendent of Schools Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
