11-004424PL Dr. Eric J. Smith, As Commissioner Of Education vs. Eric Ferrier
 Status: Closed
Recommended Order on Friday, March 9, 2012.


View Dockets  
Summary: Teacher's education certificate revoked for two years followed by a period of three-years' probation based on finding of incompetence and personal misconduct, which seriously reduced the teacher's effectiveness as a school board employee.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DR. ERIC J. SMITH, AS ) )

15COMMISSIONER OF EDUCATION, )

19)

20Petitioner, )

22vs. ) Case No. 11-4424PL

27)

28ERIC FERRIER, )

31)

32Respondent. )

34)

35RECOMMENDED ORDER

37Pursuant to notice, a final hearing was held in this case

48on December 13 and 14, 2011, in St. Petersburg, Florida, before

59Thomas P. Crapps, a designated Administrative Law Judge of the

69Division of Administrative Hearings (DOAH).

74APPEARANCES

75For Petitioner: Ron Weaver, Esquire

80Post Office Box 5675

84Douglasville, Georgia 30154

87For Respondent: Eric Ferrier, pro se

936846 81st Avenue, North

97Pinellas Park, Florida 33781

101STATEMENT OF THE ISSUES

105Whether Respondent violated sections 1012.795(1)(c), (g)

111and (j), Florida Statutes (2010), 1/ and Florida Administrative

120Code Rule 6B-1.006(3)(a), as alleged in the Administrative

128Complaint, and, if so, what discipline should be imposed.

137PRELIMINARY STATEMENT

139On May 11, 2011, Petitioner, Dr. Eric J. Smith, as

149Commissioner of Education, filed a four-count Administrative

156Complaint against Respondent, Eric Ferrier (Mr. Ferrier),

163concerning allegations that occurred in the 2008-2009 and 2009-

1722010 school years. In essence, the Administrative Complaint

180alleged that Mr. Ferrier was incompetent, failed to carry out

190his duties as a teacher, and failed to make reasonable efforts

201to protect students from conditions harmful to learning and that

211his personal conduct seriously reduced his effectiveness as a

220teacher. Mr. Ferrier requested a 45-day period in which to

230negotiate a settlement. Following the settlement period, on

238August 23, 2011, the Florida Department of Education

246(Department) transmitted the Administrative Complaint to DOAH

253for a formal hearing.

257Initially, the formal hearing was scheduled for October 25,

2662011. Mr. Ferrier requested a continuance, which was granted,

275and the case was rescheduled for December 13 and 14, 2011.

286At the formal hearing, Petitioner called the following

294witnesses: Blythe Lamy (Ms. Lamy), Linda Mullins (Ms. Mullins),

303Courtney Northcutt (Ms. Northcutt), Helen Gorman (Ms. Gorman),

311Robyn Witcher (Ms. Witcher), Heather Nemeth (Ms. Nemeth), James

320Lott (Mr. Lott), Waid Tribiano (Mribiano), Aimee Stubbs

328(Ms. Stubbs), Kelly Jayne (Ms. Jayne), Thomas Lechner

336(Mr. Lechner), B.M., M.S., L.T., and C.J. 2/ Petitioner’s

345Exhibits 1 through 21 were admitted into evidence. Judicial

354notice was taken of Pinellas County School Board v. Ferrier ,

364Case No. 10-1152 (Fla. DOAH July 29, 2010; Pinellas Cnty. Sch.

375Bd. Sept. 29, 2010), and Ferrier v. Pinellas County School

385Board , Case No. 2D10-4965 (Fla. 2d DCA 2011)(per curiam affirmed

395without opinion). Mr. Ferrier testified on his own behalf and

405his Exhibits 1, 2, 3, 6, 11, 20, and 22 were admitted into

418evidence.

419A Transcript of the final hearing was filed on January 9,

4302012. Petitioner filed an unopposed motion to extend the time

440to file proposed recommended orders, which was granted.

448Petitioner and Respondent timely filed their Proposed

455Recommended Orders on February 8, 2012. The parties’ Proposed

464Recommended Orders have been considered in the preparation of

473this Recommended Order.

476FINDINGS OF FACT

4791. Mr. Ferrier holds Florida Educator’s Certificate 864022,

487covering the areas of educational leadership, elementary

494education, and middle grades integrated curriculum, which is

502valid through June 30, 2012.

5072. At all times pertinent to this case, Mr. Ferrier was

518employed as a teacher at either Pinellas Park Middle School

528(Pinellas Park) or Seminole Middle School (Seminole) in the

537Pinellas County School District (School District).

5433. Petitioner, Dr. Eric Smith, at all times pertinent to

553this case, is acting as the Florida Commissioner of Education,

563pursuant to his authority in section 1012.796(6).

5704. Mr. Ferrier began teaching at Pinellas Park in the 2006-

5812007 school year. The record shows by clear and convincing

591evidence that Mr. Ferrier’s performance during the three school

600years, 2006-2007, 2007-2008, and 2008-2009, was characterized by

608a lack of organization, failure to effectively communicate with

617parents and students, failure to provide students with grades and

627collect school work, and discord.

6325. Ms. Gorman, an assistant principal for Pinellas Park,

641was Mr. Ferrier’s immediate supervisor. She evaluated

648Mr. Ferrier’s performance for the three years that he taught at

659Pinellas Park.

6616. Ms. Gorman’s first evaluation of Mr. Ferrier for the

6712006-2007 school year shows that he earned a score of "1" which

683indicates Mr. Ferrier was satisfactory. A rating less than level

"6931" is deemed unsatisfactory. Further, the 2006-2007 evaluation

701shows that Ms. Gorman expected Mr. Ferrier to make progress in 11

713out of 23 areas she assessed in the evaluation. The evaluation

724form contained 25 areas for assessment. Mr. Ferrier’s evaluation

733shows that Ms. Gorman left two assessment areas blank.

7427. For the 2007-2008 school year, Ms. Gorman rated

751Mr. Ferrier at a level "2" with progress expected in 10 of the

76425 areas assessed. Mr. Ferrier’s 2007-2008 evaluation showed

772that he was satisfactory.

7768. For the 2008-2009 school year, Ms. Gorman rated

785Mr. Ferrier as not meeting the minimum expectations for teaching.

795Out of the 25 measured categories, Ms. Gorman rated Mr. Ferrier

806as not meeting expectation in 17 categories. Mr. Ferrier failed

816to meet expectations for subject knowledge; instructional method;

824respect for students, parents, and colleagues; engaging students;

832and use of technology in the classroom.

8399. Mr. Ferrier’s tenure at Pinellas Park was also

848characterized by repeated failures to answer calls made by

857parents, disorganization, poor attendance at meetings, arriving

864to school and classes late, and not acting as a professional in

876dealing with colleagues.

87910. Ms. Witcher, the Pinellas Park principal, provided

887credible testimony showing Mr. Ferrier’s disorganization and

894propensity for arriving late to school. For example, in the

9042008-2009 school year, on the first day of school for returning

915teachers, Mr. Ferrier arrived at noon as opposed to 8:30 a.m.

926When asked by Ms. Witcher why he was late, Mr. Ferrier explained

938that he did not know that school began on that date.

949Mr. Ferrier’s tardiness was indicative of his behavior.

957Ms. Witcher clearly testified that on a "few occasions during the

968first and second year . . . he was so tardy, I had to go down and

985open the classroom door, let the kids in and wait for him."

99711. The record clearly also shows that Mr. Ferrier failed

1007to be responsive to parent concerns about their children.

1016Ms. Northcutt, the guidance counselor for Pinellas Park, provided

1025credible testimony showing that Mr. Ferrier failed to return

1034parent phone calls, failed to attend parent-teacher meetings,

1042and, if Mr. Ferrier did attend the meeting, he was disorganized

1053and unprepared. The frequency of parents calling Ms. Northcutt

1062to ask Mr. Ferrier to contact them became so great that she "felt

1075almost like a personal secretary to Mr. Ferrier," asking him to

1086return phone calls.

108912. In addition to being unresponsive to phone calls, the

1099record clearly shows, through Ms. Northcutt’s testimony and

1107e-mails admitted into evidence, that Mr. Ferrier either failed to

1117show up for parent-teacher conferences, or was late and

1126unprepared if he did attend the conference. Parents would

1135contact Ms. Northcutt in her capacity as the guidance counselor

1145because the parents had concerns about Mr. Ferrier’s teaching and

1155grading. Mr. Ferrier would routinely fail to timely enter grades

1165of assignments into the computer system so that parents could

1175check their child’s progress.

117913. The record clearly shows that Mr. Ferrier lacked

1188insight into his professional shortcomings. The record clearly

1196showed that Mr. Ferrier was offered assistance to help him become

1207an organized and effective teacher, but failed to avail himself

1217of the assistance. Further, Mr. Ferrier objected to

1225Ms. Witcher’s direction that he not coach the volleyball team and

1236concentrate on teaching. In response to this directive,

1244Mr. Ferrier encouraged parents of the volleyball players to

1253contact Ms. Witcher to change her decision.

126014. The record also shows that, during Mr. Ferrier’s tenure

1270at Pinellas Park, he did not act as a professional in dealing

1282with colleagues. This finding is based on the events concerning

1292Mr. Ferrier’s placement on administrative leave while the School

1301District investigated him for bullying a co-worker, and his

1310subsequent action after returning from administrative leave.

131715. Ms. Northcutt credibly testified that, based on

1325Mr. Ferrier’s repeated failures to either attend parent-teacher

1333conferences or be on time for them, she began to document these

1345actions and inform Ms. Witcher. At one parent-teacher

1353conference, Ms. Northcutt noted that Mr. Ferrier arrived late,

1362although the parents had not yet arrived. Mr. Ferrier told

1372Ms. Northcutt to note that he had arrived on time, which she

1384replied that he was still late. Two other teachers, who were to

1396attend the conference, also arrived late. One of the teachers

1406had permission due to a conflict, and the other teacher arrived

1417after attending another conference. Mr. Ferrier demanded that

1425Ms. Northcutt report the two teachers as late. Ms. Northcutt

1435credibly testified that she felt threatened and intimidated by

1444Mr. Ferrier’s confrontational behavior. She reported the

1451incident to Ms. Witcher, who referred the incident to the School

1462District, and an investigation was begun. The School District

1471placed Mr. Ferrier on administrative leave, and Ms. Witcher

1480informed Mr. Ferrier that he was to leave the campus quietly. As

1492Mr. Ferrier was leaving the campus, he told everyone that he

1503encountered that he was accused of bullying and that he would

1514return. Ms. Witcher felt that Mr. Ferrier’s actions were

1523divisive and sought to undermine her new administration at the

1533school.

153416. When Mr. Ferrier returned to the school from the

1544administrative leave, Mr. Lott, the School District’s

1551administrator for the Office of Professional Standards, informed

1559Mr. Ferrier to be very careful in his interactions with

1569Ms. Northcutt. Within two days of his return, Mr. Ferrier sent

1580all of the Pinellas Park personnel an e-mail stating that he had

1592been wrongly accused of bullying and that he had been exonerated.

1603Mr. Lott found this action to be inappropriate and a continuation

1614of Mr. Ferrier’s efforts to bully Ms. Northcutt. Consequently,

1623based on this action, Mr. Ferrier received a written reprimand

1633and was involuntarily transferred from Pinellas Park to Seminole.

1642The purpose of transferring Mr. Ferrier to Seminole was to

1652provide him with a fresh start.

165817. Unfortunately, the record clearly shows that

1665Mr. Ferrier’s short tenure at Seminole was again characterized by

1675ineffective teaching, lack of knowledge of materials he was

1684expected to teach, lack of communication with parents, tardiness,

1693and failure to follow directions to become an effective teacher.

170318. Mr. Lechner, the principal at Seminole, assigned

1711Mr. Ferrier to teach regular science classes and three advanced

1721honor science classes. The parents at Seminole are actively

1730involved in their children’s education. Thus, many of

1738Mr. Ferrier’s short-comings were quickly brought to the attention

1747of Mr. Lechner. The record shows that Mr. Lechner was pro-active

1758in assessing Mr. Ferrier’s teaching, offering Mr. Ferrier

1766assistance to become an effective teacher, and ultimately

1774removing Mr. Ferrier from the classroom.

178019. The record clearly shows that Mr. Ferrier failed to

1790carry out his duties as a teacher. Specifically, the evidence

1800clearly showed the following instances:

1805A) Mr. Ferrier was disorganized in the classroom.

1813Mr. Ferrier’s disorganization in the classroom was apparent from

1822the very beginning of his tenure at Seminole. During an open

1833house for parents, Mr. Ferrier, in addressing parents of honor

1843students, did not have a syllabus for the class, pointed out text

1855books that he stated the class probably would not use, and

1866discussed at length discipline issues with the parents. The

1875record shows, however, that honor students typically did not

1884cause discipline problems. Mr. Ferrier’s disorganization quickly

1891led students to becoming frustrated in the classroom and parents

1901complaining to Mr. Lechner. Further, this disorganization was

1909reflected in Mr. Ferrier’s losing assignments, failing to

1917properly log grades into the school computer system so that

1927parents could access the grades, and losing test results.

1936Mr. Ferrier’s disorganization in the classroom was further

1944documented by Mr. Lechner, who placed Mr. Ferrier on a

1954Professional Service Contract Probation for 90 days during the

1963school year, beginning on September 28, 2009. Mr. Lechner

1972conducted personal observations of Mr. Ferrier’s instruction and

1980found it disorganized, confusing, and resulting in students

1988becoming frustrated. Mr. Lechner gave Mr. Ferrier specific

1996instructions on how to improve his teaching, but Mr. Ferrier

2006failed to follow the instructions.

2011B) Mr. Ferrier continued to be tardy to class and miss

2022important faculty meetings. The record shows through

2029Mr. Lechner’s testimony that Mr. Ferrier missed the teachers’

2038mandatory first professional learning community meeting.

2044Although Mr. Lechner could not remember the reason that

2053Mr. Ferrier gave for missing the meeting, Mr. Lechner testified

2063that Mr. Ferrier "always had an excuse." Based on Mr. Lechner’s

2074answer, it was clear that Mr. Ferrier made excuses for his

2085failures, as opposed to acknowledging his mistakes. The record

2094further showed that Mr. Ferrier’s tardiness often would extend

2103into the day. The testimony showed that Mr. Ferrier would leave

2114campus and return from lunch 15 minutes late, thus, delaying

2124instruction. As a result of Mr. Ferrier’s habitual tardiness,

2133Mr. Lechner required Mr. Ferrier to use a sign-in and sign-out

2144log.

2145C) Mr. Ferrier used ineffective instructional methods and

2153did not have a grasp of the material that he was to teach. The

2167parents and students, who testified, were unanimous in their

2176consensus that Mr. Ferrier failed to teach anything.

2184Mr. Ferrier’s failure to teach resulted in one student having to

"2195steal" one of the text books that Mr. Ferrier was not using and

2208teach herself physical science. Further, the testimony was clear

2217that, after Mr. Ferrier was relieved of his teaching duties, the

2228students had to "cram" a year’s worth of science into half a

2240school year. In essence, Mr. Ferrier cheated the students out

2250of an education.

2253The conclusion that Mr. Ferrier used ineffective

2260instructional methods and did not have a grasp of the material

2271that he was to teach is supported by the testimony of Ms. Lamy

2284and Mr. Lechner. The record clearly showed that Mr. Ferrier used

"2295bell work" for a significant period of the teaching time. "Bell

2306work" was defined as work given to students for the first few

2318minutes of class to engage them immediately. Ms. Lamy, who was

2329the School District’s supervisor for secondary science, conducted

2337an in-classroom observation of Mr. Ferrier’s teaching at

2345Seminole. Ms. Lamy noted that Mr. Ferrier used "bell work" for

2356almost the entire class time. As a result, Mr. Ferrier did not

2368teach. Further, Ms. Lamy observed that Mr. Ferrier did not have

2379control of his class and did not have an adequate lesson plan.

2391Based on her observations, Ms. Lamy made recommendations for

2400Mr. Ferrier on handling the classroom and preparing lesson plans.

2410Unfortunately, the record shows that Mr. Ferrier did not take

2420full advantage of the help being offered to him.

2429Mr. Lechner’s testimony also provided examples from

2436classroom observations that demonstrated Mr. Ferrier’s poor

2443instructional methods and lack of understanding of the material

2452he was supposed to teach. For example, Mr. Lechner described a

2463laboratory experiment conducted by Mr. Ferrier. Mr. Ferrier

2471attempted to conduct an experiment demonstrating how an object

2480could change physical states by melting a candy bar. During the

2491experiment, Mr. Ferrier did not use safety gloves when attempting

2501to melt the chocolate bar. Because the chocolate bar did not

2512melt quickly, Mr. Ferrier left the experiment and never came back

2523to it or the concept behind the experiment. According to

2533Mr. Lechner, Mr. Ferrier modeled poor safety for the students by

2544not using safety gloves and leaving the flame on the candy bar

2556while he moved to another subject, and Mr. Ferrier did not teach

2568the concept behind the experiment. The record showed that

2577Mr. Ferrier would use ineffective methods to teach, such as

2587relying on videos. In one instance, Mr. Ferrier used videos of

2598Michael Jackson and throwing a wadded-up piece of paper in order

2609to demonstrate motion. Finally, in December 2009, during an

2618observation, Mr. Lechner observed Mr. Ferrier teach the students

2627a wrong formula concerning distance over time, which was not

2637corrected until the error was pointed out by a student.

2647D) Mr. Ferrier did not manage work assignments and tests

2657and failed to properly record grades. The record shows that

2667students would turn in work, but the work would not be graded or

2680posted into the school’s computer system so that parents and

2690students could access the information. Further, parents and

2698students complained to Mr. Lechner about erroneous grades,

2706missing grades or assignments, or no grades for tests that had

2717been completed, as well as grades which were either excessively

2727high or excessively low.

2731F) Mr. Ferrier failed to respond to parental inquiries and

2741was unprepared and untimely when attending parent-teacher

2748meetings. One parent testified about attending a parent-teacher

2756conference, with Mr. Lechner, where Mr. Ferrier failed to show

2766up.

2767G) Mr. Ferrier’s disorganization resulted in him failing to

2776turn students’ answer sheets for mandatory progress monitoring

2784tests into the district office. As Ms. Lamy explained, the state

2795required school districts to turn in students’ answer sheets from

2805the test to the Department by December 15, 2010. When the School

2817District started receiving feedback from the tests, Ms. Lamy

2826learned that Mr. Ferrier had not turned in the answer sheets.

2837Subsequently, Mr. Ferrier turned in the answer sheets on or near

2848January 6, 2011. Based on Mr. Ferrier’s actions, the School

2858District was not in compliance with the state-ordered mandate.

286720. On January 19, 2011, after the 90-day probation period,

2877Mr. Lechner evaluated Mr. Ferrier as not meeting the minimum

2887expectations for teaching. Mr. Ferrier did not meet expectations

2896in 23 of 25 categories, including the areas of subject knowledge,

2907instructional methods, respect for students and parents, engaging

2915students, use of technology, classroom discipline, and

2922organization. Further, Mr. Lechner noted, based on his

2930observations, that Mr. Ferrier continued to be disorganized, his

2939directions were not clear, he was causing confusion, and he was

2950returning papers to students without feedback.

295621. The record shows that well into the 90-day probation

2966Mr. Ferrier finally sought assistance, at the insistence of

2975Mr. Lechner, from the Professional Development and Improvement

2983Network to help him become a better teacher. Unfortunately, the

2993record shows that Mr. Ferrier’s teaching ability did not improve

3003and that he continued with many of the same problems that he had

3016at Pinellas Park.

301922. The record shows that Mr. Ferrier has no prior

3029disciplinary history with the Florida Education Practices

3036Commission.

3037CONCLUSIONS OF LAW

304023. DOAH has jurisdiction over the parties and the subject

3050matter of this proceeding. §§ 120.569 and 120.57, Fla. Stat.

3060(2011).

306124. Petitioner is statutorily authorized to file and

3069prosecute an administrative complaint against a teacher, if

3077Petitioner has determined that probable cause exists that the

3086teacher violated acts set out in section 1012.795(1).

3094Commission has the statutory authority to suspend or revoke the

3104teaching certificate of any person or to impose any penalty

3114provided by law, if the person is guilty of certain specified

3125acts.

312625. This is a disciplinary action by Petitioner seeking to

3136discipline Mr. Ferrier’s teaching certificate. Petitioner bears

3143the burden of proof to demonstrate the allegations in the

3153Administrative Complaint by clear and convincing evidence.

3160Dep’t of Banking & Fin. v. Osborne Stern & Co. , 670 So. 2d 932

3174(Fla. 1996); Ferris v. Turlington , 510 So. 2d 292 (Fla. 1987).

3185As stated by the Florida Supreme Court:

3192Clear and convincing evidence requires that

3198the evidence must be found to be credible;

3206the facts to which the witnesses testify

3213must be distinctly remembered; the testimony

3219must be precise and lacking in confusion as

3227to the facts in issue. The evidence must be

3236of such a weight that it produces in the

3245mind of the trier of fact a firm belief or

3255conviction, without hesitancy, as to the

3261truth of the allegations sought to be

3268established.

3269In re Henson , 913 So. 2d 579, 590 (Fla. 2005), quoting Slomowitz

3281v. Walker , 429 So. 2d 797, 800 (Fla. 4th DCA 1983).

329226. The Administrative Complaint contains four counts

3299charging Mr. Ferrier with the following: (1) violating

3307section 1012.795(1)(c), in that Mr. Ferrier is incompetent to

3316teach or to perform duties as a teacher; (2) violating section

33271012.795(1)(g), in that his personal conduct seriously reduces

3335his effectiveness as a teacher; (3) violating section

33431012.795(1)(j), in that Mr. Ferrier has violated the Principles

3352of Professional Conduct for the Education Profession as

3360prescribed by the State Board of Education rules; and

3369(4) violating rule 6B-1.006(3)(a) in that Mr. Ferrier failed to

3379make reasonable efforts to protect students from conditions

3387harmful to learning.

339027. Although chapter 1012 does not contain a definition of

"3400incompetent," the Education Practices Commission has defined

"3407incompetency" by rule for local school districts’ use in taking

3417action against instructional personnel:

3421(1) Incompetency is defined as inability or

3428lack of fitness to discharge the required

3435duty as a result of inefficiency or

3442incapacity. Since incompetency is a

3447relative term, an authoritative decision in

3453an individual case may be made on the basis

3462of testimony by members of a panel of expert

3471witnesses appropriately appointed from the

3476teaching profession by the Commissioner of

3482Education. Such judgment shall be based on

3489a preponderance of evidence showing the

3495existence of one (1) or more of the

3503following:

3504(a) Inefficiency: (1) repeated failure to

3510perform duties prescribed by law (Section

3516231.09, Florida Statutes); (2) repeated

3521failure on the part of a teacher to

3529communicate with and relate to children in

3536the classroom, to such an extent that pupils

3544are deprived of minimum educational

3549experience; or (3) repeated failure on the

3556part of an administrator or supervisor to

3563communicate with and relate to teachers

3569under his or her supervision to such an

3577extent that the educational program for

3583which he or she is responsible is seriously

3591impaired.

3592(b) Incapacity: (1) lack of emotional

3598stability; (2) lack of adequate physical

3604ability; (3) lack of general educational

3610background; or (4) lack of adequate command

3617of his or her area of specialization.

3624Fla. Admin. Code R. 6B-4.009.

362928. Applying the Florida Administrative Code Rule 6B-4.009

3637definition to the facts here, Petitioner has shown by clear and

3648convincing evidence that Mr. Ferrier is incompetent through his

3657repeated failure to meet the minimum standards required by the

3667School District to teach as shown by his evaluations, the

3677testimony on the observations conducted by Mr. Lechner and

3686Ms. Lamy, and the testimony of the parents and students.

3696Further, the record clearly shows that Mr. Ferrier was

3705continuously provided offers of assistance to help him correct

3714his deficiencies and meet the minimum standards, but that he was

3725unable to correct his deficiencies. The record clearly and

3734convincingly shows that Mr. Ferrier did not grasp the material

3744that he was teaching and did not use effective instructional

3754methods to communicate and relate to the children. Therefore,

3763Petitioner has established by clear and convincing evidence that

3772Mr. Ferrier violated section 1012.795(1)(c).

377729. Next, Petitioner alleges that Mr. Ferrrier is guilty

3786of personal misconduct which seriously reduces his effectiveness

3794as an employee of the Pinellas County School Board, in violation

3805of section 1012.795(1)(g). The record here shows by clear and

3815convincing evidence that Mr. Ferrier violated section

38221012.795(1)(g). As detailed in the Findings of Fact,

3830Mr. Ferrier’s incompetence to teach, his habitual tardiness, and

3839repeated lack of responsiveness to parents and teachers reduced

3848his effectiveness as an employee of the School Board.

385730. The record showed by clear and convincing evidence

3866that Mr. Ferrier was not teaching students, that he lacked a

3877grasp of the material, that he failed to post grades or return

3889assignments, and that his incompetence caused confusion and

3897frustration in the classroom. In one instance, Mr. Ferrier’s

3906incompetence led a student to teach herself the subject.

3915Moreover, once Mr. Lechner removed Mr. Ferrier as a teacher, the

3926students had to cover a year’s worth of work in half the time.

3939Further, the record showed that his habitual tardiness would

3948result in him missing important teacher training meetings,

3956missing meetings with parents, failing to turn in state-mandated

3965test answer sheets, and not being on time in order to teach for

3978the full class time. The result was that students were cheated

3989out of the education they deserve. Consequently, the record

3998established by clear and convincing evidence that Mr. Ferrier

4007violated section 1012.795(1)(g).

401031. In Counts III and IV of the Administrative Complaint,

4020Petitioner charged Mr. Ferrier with violating section

40271012.795(1)(j) and rule 6B-1.006(3)(a).

403132. Section 1012.795(1)(j) provides for discipline if a

4039teacher "[h]as violated the Principles of Professional Conduct

4047for the Education Profession prescribed by State Board of

4056Education rules."

405833. Rule 6B-1.006, titled "Principles of Professional

4065Conduct for the Education Profession in Florida," provides in

4074pertinent part:

4076(1) The following disciplinary rule shall

4082constitute the Principles of Professional

4087Conduct for the Education Profession in

4093Florida.

4094(2) Violation of any of these principles

4101shall subject the individual to revocation or

4108suspension of the individual educator’s

4113certificate, or the other penalties as

4119provided by law.

4122(3) Obligation to the student requires that

4129the individual:

4131(a) Shall make reasonable effort to protect

4138the student from conditions harmful to

4144learning and/or to the student’s mental

4150and/or physical health and/or safety.

415534. The record showed by clear and convincing evidence

4164that Mr. Ferrier violated section 1012.795(1)(j) and rule 6B-

4173receiving proper instruction, confusion and frustration in the

4181classroom, and lack of consistent feedback through grades. See

4190Smith, as Comm’r of Educ. v. Bowman , Case No. 11-4422PL,

42002012 Fla. Div. Adm. Hear Lexis 41 (Fla. DOAH Jan. 19,

42112012)(finding that teacher violated section 1012.795(j) and rule

42196B-1.006(3)(a) where evidence showed that the teacher "not only

4228rejected attempts to assist her with improving her skills, but

4238failed to communicate with parents whose children were failing

4247her classes. The evidence shows that Respondent’s students were

4256not engaged in the learning process, were not receiving

4265consistent instruction, and were not receiving instruction

4272aligned to clearly delineated standards.").

427835. Section 1012.796(7) provides the Education Practices

4285Commission with the authority to discipline Mr. Ferrier’s

4293educator’s certificate. Further, rule 6B-11.007 sets out factors

4301to consider in determining an appropriate discipline. Here, the

4310Education Practices Commission has the range of authority from

4319probation to revocation of Mr. Ferrier’s educational certificate.

432736. In determining the appropriate discipline, Florida

4334Administrative Code R ule 6B-11.007(3) provides a list of

4343aggravating and mitigating facts that may be considered in taking

4353disciplinary action. Turning to the facts here, the record

4362shows as aggravating circumstances that Mr. Ferrier had

4370repeatedly failed to perform his duties as a teacher at both

4381schools. Further, the record showed that it was not until well

4392into his probation at Seminole that Mr. Ferrier sought

4401assistance from the Professional Development and Improvement

4408Network to correct his teaching deficiencies.

441437. Further, the record shows that this is the first

4424disciplinary action by the Education Practices Commission

4431against Mr. Ferrier.

443438. Petitioner’s Proposed Recommended Order sought a

4441penalty of revoking Mr. Ferrier’s educator’s certificate for two

4450years, followed by a period of three years’ probation under

4460terms and conditions deemed appropriate. The undersigned finds

4468Petitioner’s recommended penalty is reasonable in light of the

4477record.

4478RECOMMENDATION

4479Based on the foregoing Findings of Fact and Conclusions of

4489Law, it is RECOMMENDED that a final order be entered finding that

4501educator’s certificate be revoked for two years followed by a

4511period of three years’ probation under terms and conditions

4520deemed appropriate.

4522DONE AND ENTERED this 9th day of March, 2012, in

4532Tallahassee, Leon County, Florida.

4536S

4537THOMAS P. CRAPPS

4540Administrative Law Judge

4543Division of Administrative Hearings

4547The DeSoto Building

45501230 Apalachee Parkway

4553Tallahassee, Florida 32399-3060

4556(850) 488-9675

4558Fax Filing (850) 921-6847

4562www.doah.state.fl.us

4563Filed with the Clerk of the

4569Division of Administrative Hearings

4573this 9th day of March, 2012.

4579ENDNOTES

45801/ Unless otherwise indicated, all references to the Florida

4589Statutes are to the 2010 version.

45952/ Petitioner presented the testimony of students who had been

4605assigned to Mr. Ferrier’s class at Seminole Middle School. In

4615order to protect the student’s privacy, the undersigned used the

4625student’s initials as opposed to full name.

4632COPIES FURNISHED :

4635Kathleen M. Richards, Executive Director

4640Education Practices Commission

4643Department of Education

4646Turlington Building, Suite 224

4650325 West Gaines Street

4654Tallahassee, Florida 32399-0400

4657Ron Weaver, Esquire

4660Post Office Box 5675

4664Douglasville, Georgia 30154

4667Eric William Ferrier

46706846 81st Avenue, North

4674Pinellas Park, Florida 33781

4678Marian Lambeth, Bureau Chief

4682Bureau of Professional Practices Services

4687Department of Education

4690Turlington Building, Suite 224-E

4694325 West Gaines Street

4698Tallahassee, Florida 32399-0400

4701Charles Deal, General Counsel

4705Department of Education

4708Turlington Building, Suite 1244

4712325 West Gaines Street

4716Tallahassee, Florida 32399-0400

4719NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

4725All parties have the right to submit written exceptions within

473515 days from the date of this Recommended Order. Any exceptions

4746to this Recommended Order should be filed with the agency that

4757will issue the Final Order in this case.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 01/21/2020
Proceedings: Agency Final Order filed.
PDF:
Date: 05/24/2012
Proceedings: Agency Final Order
PDF:
Date: 03/09/2012
Proceedings: Recommended Order
PDF:
Date: 03/09/2012
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 03/09/2012
Proceedings: Recommended Order (hearing held December 13, and 14, 2011). CASE CLOSED.
PDF:
Date: 02/29/2012
Proceedings: Order Denying Respondent`s Amended Request for Judicial Recognition.
PDF:
Date: 02/24/2012
Proceedings: Petitioner's Motion to Strike Respondent's Additional Post-hearing Submissions filed.
PDF:
Date: 02/20/2012
Proceedings: Respondent's Amended Request for Judicial Recognition filed.
PDF:
Date: 02/17/2012
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 02/17/2012
Proceedings: Respondent's Proposed Recommended Order (in DOAH Case No. 10-1152TTS) filed.
PDF:
Date: 02/08/2012
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 02/08/2012
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 01/23/2012
Proceedings: Order Providing Parties Copies of Respondent`s Exhibits.
PDF:
Date: 01/20/2012
Proceedings: Order Granting Extension of Time.
PDF:
Date: 01/19/2012
Proceedings: Amended Petitioner's Motion for Enlargement of Time to File Proposed Recommended Orders filed.
PDF:
Date: 01/19/2012
Proceedings: Petitioner's Motion for Enlargement of Time to File Proposed Recommended Orders filed.
Date: 01/09/2012
Proceedings: Transcript of Proceedings Volume I-II (not available for viewing) filed.
Date: 12/13/2011
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 12/08/2011
Proceedings: Respondent Mr. Ferrier's, Pre-hearing Statement filed.
PDF:
Date: 12/08/2011
Proceedings: Amended Notice of Hearing (hearing set for December 13, 2011; 9:00 a.m.; St. Petersburg, FL; amended as to location of hearing only).
PDF:
Date: 12/07/2011
Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
PDF:
Date: 12/06/2011
Proceedings: (Respondent's Documents in Support of Dismissal of Administrative Complaint) filed.
PDF:
Date: 12/06/2011
Proceedings: (Respondent's Documents in Support of Dismissal of Administrative Complaint) filed.
PDF:
Date: 12/06/2011
Proceedings: (Respondent's Documents in Support of Dismissal of Administrative Complaint) filed.
PDF:
Date: 12/06/2011
Proceedings: (Respondent's Documents in Support of Dismissal of Administrative Complaint) filed.
PDF:
Date: 12/05/2011
Proceedings: (Respondent's Documents in Support of Dismissal of Administrative Complaint) filed.
PDF:
Date: 12/05/2011
Proceedings: (Respondent's Documents in Support of Dismissal of Administrative Complaint) filed.
PDF:
Date: 12/05/2011
Proceedings: Petiitoner's Pre-hearing Statement filed.
PDF:
Date: 12/05/2011
Proceedings: Petitioner's Request for Judicial Recognition filed.
PDF:
Date: 12/05/2011
Proceedings: (Amended) Respondent's (Proposed) Exhibit List filed.
PDF:
Date: 11/30/2011
Proceedings: Petitioner's Motion to Use Transcript of the Testimony of Courtney Northcutt and Exhibits in Division of Administrative Hearings Case No.: 10-1152 in Lieu of Live Testimony filed.
PDF:
Date: 11/29/2011
Proceedings: Respondents Notice of Compliance with Order of Pre-hearing Instructions filed.
PDF:
Date: 11/29/2011
Proceedings: Respondents (Proposed) Exhibit List filed.
PDF:
Date: 11/29/2011
Proceedings: Respondents (Proposed) Exhibit List filed.
PDF:
Date: 11/29/2011
Proceedings: Respondent's Notice of Compliance with Order of Pre-hearing Instructions filed.
PDF:
Date: 11/29/2011
Proceedings: Petitioner's (Proposed) Exhibit List filed.
PDF:
Date: 11/29/2011
Proceedings: Petitioner's Witness List filed.
PDF:
Date: 11/29/2011
Proceedings: Petitioner's Notice of Compliance with Order of Pre-hearing Instructions filed.
PDF:
Date: 11/28/2011
Proceedings: Petition/Motion to Dismiss Administrative Complaint Counts 1-4 filed.
PDF:
Date: 11/28/2011
Proceedings: Motion by Respondent to Dimiss Commissioner of Education's Dr. Eric Smith's Administrative Complaint Count's 1-4 filed.
PDF:
Date: 11/22/2011
Proceedings: Certificate of Service (rule challenge) filed.
PDF:
Date: 11/22/2011
Proceedings: Notice of Transfer.
PDF:
Date: 11/22/2011
Proceedings: Rule Challenge by Respondent filed.
PDF:
Date: 10/27/2011
Proceedings: Order Re-scheduling Hearing (hearing set for December 13, 2011; 9:00 a.m.; Largo, FL).
PDF:
Date: 10/25/2011
Proceedings: Case Status Report filed.
PDF:
Date: 10/24/2011
Proceedings: Certificate of Service filed.
PDF:
Date: 10/24/2011
Proceedings: Response from Respondent to Petitioners First Set of Admission Questions filed.
PDF:
Date: 10/18/2011
Proceedings: Petitioner's Motion to Compel Response to Petitioner's Requests for Discovery to Respondent filed.
PDF:
Date: 10/13/2011
Proceedings: Order Granting Continuance (parties to advise status by October 25, 2011).
PDF:
Date: 10/12/2011
Proceedings: Petitioner's Response in Opposition to Respondent's Motion to Continue Hearing and Petitioner's Request for Judicial Recognition filed.
PDF:
Date: 10/11/2011
Proceedings: Motion to Continue Hearing filed.
PDF:
Date: 09/15/2011
Proceedings: Letter to parties of record from Judge Kirkland.
PDF:
Date: 09/15/2011
Proceedings: Amended Order of Pre-hearing Instructions.
PDF:
Date: 09/14/2011
Proceedings: Certificate of Service of Discovery filed.
PDF:
Date: 09/13/2011
Proceedings: Order Granting Motion to Withdraw.
PDF:
Date: 09/09/2011
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/09/2011
Proceedings: Notice of Hearing (hearing set for October 25, 2011; 9:00 a.m.; Largo, FL).
PDF:
Date: 09/08/2011
Proceedings: Motion to Withdraw as Counsel filed.
PDF:
Date: 09/08/2011
Proceedings: Certificate of Service of Discovery filed.
PDF:
Date: 09/08/2011
Proceedings: Unilateral Response to Initial Order filed.
PDF:
Date: 08/31/2011
Proceedings: Initial Order.
PDF:
Date: 08/31/2011
Proceedings: Election of Rights filed.
PDF:
Date: 08/31/2011
Proceedings: Agency referral filed.
PDF:
Date: 08/31/2011
Proceedings: Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
PDF:
Date: 08/31/2011
Proceedings: Administrative Complaint filed.

Case Information

Judge:
THOMAS P. CRAPPS
Date Filed:
08/31/2011
Date Assignment:
11/17/2011
Last Docket Entry:
01/21/2020
Location:
St. Petersburg, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related DOAH Cases(s) (3):

Related Florida Statute(s) (5):

Related Florida Rule(s) (3):