The Issue The issue in this case is whether Respondent's educator's certificate should be disciplined.
Findings Of Fact Respondent holds Florida Educator’s Certificate No. 975296. He has been employed as a teacher with the Hernando County School Board for six years. During the 2009-10 school year, Respondent taught 11th grade English III at Central High School. As a teacher, Respondent expects his students to behave and pay attention. He expects his students to interact with him about the lesson, and he expects the students to stay awake in class. On February 16, 2010, near the beginning of his second class of the morning, Respondent noticed several students had their heads on their desks and appeared to be sleeping. One of these students was K. G. K. G. was 17 years old at the time and was approximately 5 feet, 8 inches tall and weighed 145 pounds. Respondent attempted to awaken K. G. by calling his name, but K. G. did not respond. Respondent became, in his own words, "not angry," but rather “frustrated” and “perturbed” when K. G. did not wake up. Respondent knew that K. G. would not get the material if he was not awake, and Respondent felt that it was his responsibility as the teacher to try and keep the students engaged during class. After K. G. did not respond, Respondent went over to K. G.’s desk, took hold of a leg of the desk with one hand, put his other hand under the desk, and shook the desk. Respondent shook K. G.'s desk with the intention of waking K. G. Respondent did not intend to push the desk over. Nevertheless, while Respondent was shaking the desk, K. G.'s desk flipped over while K. G. was in it. After he fell, K. G. got up and threw the desk back toward Respondent, cursed, abruptly left the classroom, and reported the incident to the assistant principal. Respondent attempted to continue to teach, but the class was disrupted and would not settle down. Respondent then calmly asked Beverly Salkin, a substitute teacher who was assisting in Respondent's classroom that day, to please take over the classroom. After that, Respondent went to the front office, clearly upset, and reported the incident to Principal Joe Clifford. Respondent told Mr. Clifford that he had done something really stupid, that he was not feeling well, but there was no excuse for his behavior. Respondent reported to Mr. Clifford that K. G. was sleeping in the classroom and that he had flipped the desk while K. G. was in it so that the student landed on the floor. Mr. Clifford then went to the assistant principal’s office to check on K. G. to find out whether he was injured. K. G. told Mr. Clifford that he had already hurt his hand2/ but reinjured it in the fall from his desk. The school nurse checked K. G.’s hand and put ice on his hand. K. G. did not seek further medical treatment for his hand, and attended sports practice a day or two after the incident. Respondent asked Mr. Clifford for permission to apologize to K. G. for what he had done. Mr. Clifford allowed Respondent to apologize to K. G., and Respondent apologized to K. G. that same day. Respondent showed remorse and concern when he apologized to K. G. In reaction to the incident, Mr. Clifford removed Respondent from the classroom and reported the incident to Heather Martin, the Executive Director of Business Services for the Hernando County School District. The same day, Mr. Clifford asked some of the students and Ms. Salkin who were in the classroom during the incident to write a statement regarding what had occurred. Mr. Clifford also prepared an Employee Conference Form and a statement regarding his interviews with Respondent and K. G. Later that day, Mr. Clifford met with Respondent and Respondent’s union representative. At that meeting, in the presence of his union representative, Respondent again stated that he had flipped over a student's desk while the student was in it. Mr. Clifford completed the Employee Conference Form in the presence of Respondent and his union representative. On the form Mr. Clifford wrote “Mr. Budd self-reported that he flipped over a student while that student was sitting at his desk.” Respondent and his union representative were given an opportunity to review the completed form and request changes if necessary. Respondent signed the form and did not state that anything on the form was incorrect. Mr. Clifford then forwarded the Employee Conference Form, his statement, and the witness statements to Heather Martin. Heather Martin’s responsibilities include handling teacher discipline matters for the school district. On February 17, 2010, Ms. Martin received the report from Mr. Clifford. Following her receipt of the report, Ms. Martin scheduled a predetermination meeting with Respondent and his union representative. On February 25, 2010, Ms. Martin met with Respondent and his union representative. During the meeting, Respondent told Ms. Martin that K. G. had fallen asleep in class, that he had tried to get K. G.’s attention, and at that when K. G. did not respond, he grabbed K. G.'s desk, shook it, and the desk flipped over and K. G. fell on the floor. During the meeting, Respondent admitted that he went to K. G.’s desk with the intent to shake the desk, and that he “took ahold of a leg here and somehow used [his] other hand under the desk.” After the meeting, a written summary of the meeting was prepared. Copies of the summary, statements from classroom witnesses, the employee form, and Mr. Clifford’s statement were all given to Respondent. Respondent was informed that he had ten days to rebut any information in those documents, which he did not do. After investigation, the school district determined that Respondent violated Florida Administrative Code Rule 6B- 1.006(3)(a) and (3)(e), and gave Respondent a letter of reprimand and a two-day suspension without pay. Respondent did not challenge the determination and accepted the discipline in order to put the incident behind him. According to Mr. Clifford, the appropriate course of action to awaken a student sleeping in class is to use proximity or tap on the students’ desk. Mr. Clifford testified that he would not recommend taking a hold of a student's desk and shaking it. Respondent explained at the final hearing that he had already tried other methods of getting students' attention that day, including tapping on a number of desks. Evidence of Respondent's demeanor both at the final hearing and during his earlier explanations to his superiors demonstrated that Respondent regrets the results of his actions. In his testimony at the hearing, Respondent explained, however, that he did not know how his actions resulted in the desk turning over. Respondent further explained that he would never put his hands on a student. Prior to the instant action, Respondent did not mention that he thought K. G. might be responsible for the desk falling over. However, during depositions and at the administrative hearing in this case, Respondent suggested that K. G. may have contributed to the desk falling over by lurching when the desk was shaken. Respondent also testified that he (Respondent) may have inadvertently assisted in the desk falling over by pulling it back away from K. G. as it went over in order to avoid injury to K. G. It is found that Respondent's other explanations for K. G.'s desk falling over, although stated later than his initial explanations of the incident, are not inconsistencies or excuses, but rather are reflective of Respondent's attempts to explain a result which the credible evidence showed he never intended. It is also found that Respondent never intended to embarrass or ridicule K. G., and, further, that K. G. was not embarrassed by Respondent's actions. While the whole school knew about the incident within an hour, some students teased K. G. and made jokes about the incident, and the incident was reported in the local newspaper, K. G. did not testify that he was embarrassed by Respondent's actions. In fact, K. G. laughed at jokes about the incident. Prior to the incident, Respondent had never used the technique of shaking a student's desk to awaken a student. During the final hearing, Respondent gave credible testimony that he never intends to use that technique again.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order dismissing the Administrative Complaint. DONE AND ENTERED this 17th day of October, 2011, in Tallahassee, Leon County, Florida. S JAMES H. PETERSON, III 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 17th day of October, 2011.
The Issue The issues in this case are whether Respondent, Caren Christine Olsen (Respondent), committed the violations alleged in an Administrative Complaint issued April 20, 2010, and, if so, the penalty that should be imposed.
Findings Of Fact Petitioner, as the Commissioner of the Florida Department of Education, is responsible to investigate and prosecute complaints against persons who hold a Florida Educational Certificate who are alleged to have violated the provisions of law related to the education profession in the State of Florida. See §§ 1012.79 and 1012.795, Fla. Stat. At all times material to the allegations of this case, Respondent held Florida Educator's Certificate No. 999159, covering mathematics, which was valid through June 30, 2010. At all times material to this case, Respondent was employed at Freedom High School in Orange County, Florida. As a secondary teacher, Respondent was required to complete ESOL training. In order to meet the ESOL requirement, on or about January 14, 2008, Respondent enrolled in an ESOL class taught by Mr. Biggs. Mr. Biggs was a district compliance specialist who was fully approved to teach the ESOL class. He required that participants in the ESOL course attend all of the class sessions. The ESOL class requirements were: attendance at the 14 sessions, pre- and post-curriculum tests, completion of a portfolio of the course, and completion of a final evaluation of the course. Although enrolled in Mr. Biggs’ class, Respondent did not attend all of the class sessions. According to Mr. Biggs, Respondent left the class after the tenth session and did not return. In addition to missing the last sessions, Respondent did not turn in the portfolio or complete the evaluation of the course. Although Respondent maintained she had completed the portfolio, Mr. Biggs did not have record of such completion. In April 2009, Respondent was required to present a certificate that verified she had completed the aforementioned ESOL class. Although Respondent presented a certificate of completion for the ESOL course to school personnel, record of the credit for such completion could not be located. Eventually, it was discovered that Respondent did not have credit for the class because she had not completed the class and had not been given a certificate of completion by the instructor (Mr. Biggs). Thus, the issue of how Respondent could present a certificate of completion when none had been issued was raised by Orange County School District personnel. In fact, the certificate presented by Respondent lacked the Orange County Public School logo. In follow-up to this discovery, Respondent’s principal initiated a formal investigation to resolve the matter. When it was determined that Respondent could not produce a valid certificate of completion for the ESOL course, Respondent’s employment with the Orange County School District was terminated.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner and the Education Practices Commission enter a Final Order that suspends Respondent's teaching certificate for a period not to exceed one year. DONE AND ENTERED this 27th day of September, 2011, in Tallahassee, Leon County, Florida. S J. D. PARRISH 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 27th day of September, 2011. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 224 325 West Gaines Street Tallahassee, Florida 32399-0400 Todd P. Resavage, Esquire Brooks, LeBoeuf, Bennett, Foster and Gwartney, P.A. 909 East Park Avenue Tallahassee, Florida 32301 Caren Christine Olsen 2429 Shelby Circle Kissimmee, Florida 34743 Lois Tepper, Interim General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether Petitioner demonstrated entitlement to a Florida educator’s certificate.
Findings Of Fact Respondent, Pam Stewart, as Commissioner of Education, is authorized to issue Florida educator’s certificates to persons seeking certification to become school teachers in the state of Florida. Petitioner, Robert Grimsley, is a high school teacher who teaches liberal arts and algebra. He is in his first year of teaching and currently teaches at Washington High School in Pensacola, Florida. He seeks to obtain an educator’s certificate to continue teaching. On June 6, 2016, Petitioner submitted an on-line application for a Florida Educator’s Certificate in mathematics (grades 6-12). The application included a section for “Criminal offense record(s) (Report any record other than sealed or expunged in this section.)” Under that section, was the following question: “Have you ever entered into a pretrial diversion program or deferred prosecution program related to a criminal offense?” In his application, Petitioner answered affirmatively that he had entered into a pretrial diversion program related to a criminal offense. Based on the fields provided in the application, he disclosed the following criminal offense as indicated below: City Where Arrested State Date of Arrest Charge(s) Disposition Tallahassee FL 1/2015 Less Than 20 Grams Community Service Petitioner did not disclose any other offenses in the application. There was no definition of “arrest date” provided in the application. Mr. Kossec, program director of Professional Practices Services, testified that Petitioner could have included the dates for his Notice to Appear. However, the application did not indicate that such an option was available to applicants. On August 3, 2016, Professional Practices Services sent Petitioner a letter requesting additional information regarding his criminal offenses so it could conduct an investigation of his criminal history. He submitted documents reflecting two offenses for which he completed a pretrial diversion program. The submissions included the “No Information” for each offense, which disclosed the following: Case No. 14-000004MMA (related to January 31, 2013 offense); Disposition: No Information due to completed Misdemeanor Diversion Program (filed on February 24, 2014). Case No. 15MM00158 (related to January 20, 2015 offense); Disposition: No Information due to completed Diversion Program (filed on March 6, 2015). The parties stipulated to the following facts regarding Petitioner’s criminal history and application: On or about December 31, 2013, Applicant illegally possessed marijuana, as a result of the aforementioned conduct, the Applicant was issued a Notice to Appear by law enforcement for a criminal violation. Applicant was charged with Possession of Marijuana and entered into a pre-trial [sic] diversionary program. On or about January 20, 2015, Applicant illegally possessed marijuana, as a result of the aforementioned conduct, law enforcement arrested Applicant for possessing marijuana. Applicant was charged with Possession of Marijuana and entered into a pre-trial [sic] diversionary program. On or about June 6, 2016, Applicant submitted an application for an educator’s certificate. In said application, Applicant was asked the following question: “Have you ever entered into a pretrial diversion program or deferred prosecution program related to a criminal offense?” Applicant failed to disclose the fact that he entered into a pre-trial [sic] diversionary program for the December 31, 2013--Marijuana Possession arrest. There is no dispute that Petitioner had two criminal offenses for which he participated in a pretrial diversion program. At hearing, Petitioner testified that he did not list the December 2013 offense on the application because he received a Notice to Appear for that offense. Petitioner testified that he did not understand that being released with a Notice to Appear1/ was an arrest because he was not physically arrested. The two officers involved in the respective arrests testified at hearing and described their detainment of Petitioner. On December 31, 2013, Lt. King stopped Petitioner’s vehicle for driving in excess of the posted speed limit. He ultimately found marijuana in the vehicle. Lt. King read Petitioner his rights, issued him a Notice to Appear, and released him. Lt. King did not handcuff Petitioner at any point during the traffic stop. Lt. King testified that he explained to Petitioner that although he was not being physically handcuffed and transported to the local jail, he was placed under arrest. Petitioner did not recall any explanation that a Notice to Appear is still an arrest. Lt. King’s offense report, completed on the same date as the incident, did not reference any explanation to Petitioner that the Notice to Appear was an actual arrest. Petitioner’s testimony is found to be credible. The detainment for the second incident was different from the first. On January 20, 2015, Officer Andre Buckley, a FSU police officer, responded to a complaint of the smell of burnt marijuana coming from a restroom on the campus of FSU. Officer Buckley arrived at the suspected restroom and confirmed the smell of burnt marijuana. After discovering Petitioner in the restroom and in possession of marijuana, Officer Buckley placed Petitioner in handcuffs. Another officer transported Petitioner to the Leon County jail for booking. Despite Petitioner’s mistaken belief regarding the December 2013 arrest, he was indeed arrested. The facts here demonstrate that Petitioner did not understand that he was arrested for the December 2013 offense and, as a result, was confused regarding whether he should include the offense in the application. There was no effort to conceal his participation in the pretrial diversion program for the December 2013 offense because he submitted documents reflecting the information upon request. The undersigned finds that he simply made an error when completing the application. Both misdemeanor criminal offenses occurred while Petitioner was a college student. Since completing the diversion programs, he has earned his Bachelor of Science degree in Statistics. In his letter to the Professional Practice Services dated July 20, 2016, he indicated that he has discontinued using drugs. Further, he has taught for approximately one year without incident. Petitioner’s actions demonstrate that Petitioner had no intent to conceal his record, engaged in no fraudulent conduct in completing the application, and did not fail to maintain honesty in the submission of the application so as to warrant denial of an educator’s certificate.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order granting Petitioner, Robert Eugene Grimsley’s, application for a Florida educator’s certificate. DONE AND ENTERED this 20th day of April, 2017, in Tallahassee, Leon County, Florida. S YOLONDA Y. GREEN 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 April, 2017.
The Issue At issue in this proceeding is whether, as alleged in the Amended Administrative Complaint, Respondent's application for a temporary teacher's certificate was denied and, consequently, her dismissal from employment as an elementary school teacher with the Palm Beach County School Board was proper.
Findings Of Fact On or about August 14, 1998, Respondent, Ramona Wright, received a Statement of Academic Eligibility (Statement of Eligibility) for elementary education (grades 1-6) from the Florida Department of Education. The Statement of Eligibility was valid until July 29, 2000, and (consistent with Rule 6A- 4.004, Florida Administrative Code,) provided, as follows: The State of Florida issues two types of certificates for full-time teaching, a nonrenewable Temporary Certificate valid for two years and a Professional Certificate valid for five years . . . The Temporary Certificate is issued to allow time to complete requirements for the Professional Certificate. Your application for teacher certification has been received and evaluated. Based upon current requirements, you will be eligible for a two-year nonrenewable Temporary Certificate valid for two consecutive school fiscal years covering Elementary Education when: You obtain employment with a Florida public, state supported, or nonpublic school which has an approved system for documenting the demonstration of required professional education competence. Your employer must request issuance of your certificate. Your employer submits a fingerprint card which as been processed by the Florida Department of Law Enforcement and the Federal Bureau of Investigation. If your fingerprint report reflects an arrest record, your file will be referred to Professional Practices Services for further review. Issuance of your certificate will be contingent upon the results of this review . . . . Given her eligibility, Respondent was employed by the Palm Beach County School Board (School Board) as an elementary school teacher on August 20, 1998, and, consistent with the provisions of her Statement of Eligibility, an application was submitted to the Florida Department of Education (Department of Education) for a temporary certificate. Pertinent to this case, the annual contract of employment under which Respondent was employed, provided as follows: This contract is conditioned and based on the assertions by the Employee: * * * (2) That the Employee has completed the requirements and will be legally qualified to teach in the State of Florida upon issuance of a Florida teacher's certificate, for which application has been duly made as evidenced by the official receipt and acknowledgment recorded in the office of the Superintendent, bearing Department of Education file number cited above. In the event that such application is denied, the Employee agrees that the School Board shall be relieved of all obligation under this provision. By letter of April 1, 1999, Tom Gallagher, Commissioner of Education, Department of Education, advised Respondent that her application for a temporary teacher's certificate was denied. 1/ Specifically, the letter stated: Dear Ms. Wright: Your application for a Florida Teacher's Certificate has been carefully considered by the Department of Education and, for the reasons stated in the Notice of Reasons, your application is hereby DENIED pursuant to Section 231.17(5), Florida Statutes, which states in pertinent part: "The Department of Education is authorized to deny an applicant a certificate if it possesses evidence satisfactory to it that the applicant has committed an act or acts or that a situation exists for which the Education Practices Commission would be authorized to revoke a teaching certificate." You may appeal the certificate denial by following the Florida Administrative Procedures Act and Rule 6B-11.005 of the Florida Administrative Code. If you want to appeal the Department's decision, you have TWENTY (20) DAYS from the date this Notice of Denial is RECEIVED to fill in and FILE an Election of Rights Notice of Appeal with the Office of Professional Practices Services . . . . The reasons stated in the Notice of Reasons were as follows: The Department of Education files and serves upon the Applicant, RAMONA BIANCA WRIGHT, its Notice of Reasons for its denial in accordance with the provisions of Section 120.60, Florida Statutes, and as grounds therefore, alleges: On or about July 23, 1995, Applicant was involved in an altercation with a tenant of rental property owned by Applicant and her family. Applicant yelled at the tenant, struck a police officer and smashed some the tenant's dishes. Applicant then refused the request of the police to leave the area. Applicant was arrested and charged with Disorderly Conduct, Battery and Criminal Mischief. On or about October 10, 1996, Respondent pled Not Guilty to the charges. The court withheld adjudication to the charge of Disorderly Conduct, found Applicant Not Guilty of the Battery charge and Nolle Prosequi the remaining charge. The Department of Education charges: STATEMENT OF VIOLATIONS COUNT 1: The applicant is in violation of Section 231.17(3)(c)6., Florida Statutes, which requires that the holder of a Florida Educator's Certificate be of good moral character. COUNT 2: The applicant is in violation of Section 231.17(5)(a), Florida Statutes, which provides that the Department of Education is authorized to deny an Applicant an educator's certificate if it possesses evidence satisfactory to it that the Applicant has committed an act or acts or that a situation exists for which the Education Practices Commission would be authorized to revoke a teaching certificate. COUNT 3: The Applicant is in violation of Section 231.28(1)(c), Florida Statutes, in that she has been guilty of gross immorality or an act involving moral turpitude. WHEREFORE, the undersigned concludes that RAMONA BIANCA WRIGHT has committed an act or acts or that a situation exists for which the Education Practices Commission would be authorized to revoke an educator's certificate. It is therefore, respectfully recommended that the Education Practices Commission affirm the Department of Education's denial of the issuance of a teaching certificate to the Applicant based upon the reasons set forth herein, in accordance with the Explanation of Rights form which is attached to and made a part of this Notice of Reasons. Respondent timely filed an election of rights and requested a formal hearing of the Education Practices Commission to contest the Commissioner's decision to deny her application. Section 231.17(10), Florida Statutes. On April 27, 1999, notwithstanding the pendency of Respondent's challenge to the Commissioner's decision and without inquiry of her regarding the status of that matter, the School Board advised Respondent that her employment was terminated. Specifically, the letter of termination stated: Dear Ms. Wright: Please be advised that the School District of Palm Beach County has received notification from the Florida Department of Education (DOE) that your application for a teaching certificate was denied pursuant to Section 231.17(5), Florida Statutes. As a result, your last day of employment with the district is Wednesday, April 28, 1999. Until such time as there is a change in your certification status, you are ineligible for teaching as well as coaching assignments. As you are aware, you have the right to appeal the DOE's decision to deny your application for certification, as outlined in the April 1st letter from the Commissioner of Education. Should you have questions or need clarification regarding the above matter, please contact me at (561) 434-8043. We regret such action is necessary and hope you are successful in your pursuit of other employment opportunities. Consistent with the terms of the letter, Respondent's last day of employment was April 28, 1999, a number of weeks prior to the end of the school year and her contractual term of employment. Respondent's administrative challenge to the Commissioner's decision to deny her application for a temporary certificate was resolved, as between Respondent and the Commissioner of Education, subject to the approval of the Education Practices Commission, by a Settlement Agreement dated September 10, 1999, wherein it was agreed, inter alia, that the Commissioner would issue Respondent the certificate she had applied for. (Petitioner's Exhibit 3) The agreement was subsequently approved by the Education Practices Commission in late October 1999, and Respondent was issued her teacher's certificate in November 1999.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered consistent with the foregoing Findings of Fact and Conclusions of Law, and which accords Respondent all benefits due under her annual contract of employment that was wrongfully terminated. DONE AND ENTERED this 2nd day of June, 2000, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 2nd day of June, 2000.
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Petitioner Lawrence A. Longenecker formerly held a Florida teaching certificate, and was employed as a science teacher at Madeira Beach Middle School in Pinellas County until January of 1978. In January of 1978, administrative charges were brought against the petitioner by the Professional Practices Council (the predecessor to the Education Practices Commission) for the revocation of his teaching certificate. After a hearing before a Hearing Officer with the Division of Administrative Hearings, it was found that petitioner had made sexual advances toward three female students on four separate occasions during 1977 and that petitioner was thus guilty of personal conduct which seriously reduced his effectiveness as a school board employee. The Hearing Officer recommended, by order dated November 25, 1980, that petitioner's teaching certificate be permanently revoked. Professional Practices Council v. Lawrence Longenecker, DOAH Case No. 80-1276 (November 25, 1980). By Final Order filed on February 2, 1981, the Education Practices Commission adopted the Hearing Officer's Recommended Order and permanently revoked petitioner's teaching certificate. Professional Practices Council v. Lawrence A. Longenecker, Case NO. 80-005-RT (February 2, 1981). No appeal was taken from this Final Order. In approximately March of 1983, petitioner filed an application for a Florida Teaching Certificate, which application was denied by the Department of Education. Its "Notice of Reasons" for denial, filed on June 30, 1983, recited the events which formed the bases for the prior permanent revocation of petitioner's teaching certificate, and concluded that petitioner had failed to demonstrate that he is of good moral character, as required by Section 231.17(1)(e), Florida Statutes, and that petitioner had committed acts for which the Education Practices Commission would be authorized to revoke a teacher's certificate. Petitioner was 28 and 29 years of age during the time of the acts which formed the basis for the prior certificate revocation. He is now 34 years old. Since 1978, he has obtained a Master's degree in personnel administration from the University of South Florida and has been employed in the area of retail management. He fees that he is now more mature and more wise and would like to return to his chosen profession of teaching school. During the pendency of the instant proceeding, petitioner visited Dr. Alfred Fireman for psychiatric counseling and evaluation on three occasions. It was Dr. Fireman's opinion that petitioner is psychologically fit to reenter the teaching profession provided that his behavior is monitored. He concluded that petitioner "was a suitable candidate for a probationary restoration of privileges." The Education Practices Commission has never reinstated a former certificate or issued a new teaching certificate to an individual whose certificate had been previously permanently revoked.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Education Practices Commission enter a Final Order denying petitioner's application for a Florida teaching certificate. DONE AND ENTERED this 9th day of March, 1984. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of March 1984. COPIES FURNISHED: Lawrence D. Black, Esquire 152 Eighth Avenue SW Largo, Florida 33540 J. David Holder, Esquire Berg & Holder 128 Salem Court Post Office Box 1694 Tallahassee, Florida 32301 Donald L. Greisheimer Executive Director Education Practices Commission Room 125, Knott Building Tallahassee, Florida 32301
