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

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.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DR. ERIC J. SMITH, AS ) )

COMMISSIONER OF EDUCATION, )

)

Petitioner, )

vs. ) Case No. 11-4424PL

)

ERIC FERRIER, )

)

Respondent. )

)

RECOMMENDED ORDER

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

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

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

Division of Administrative Hearings (DOAH).

APPEARANCES

For Petitioner: Ron Weaver, Esquire

Post Office Box 5675

Douglasville, Georgia 30154

For Respondent: Eric Ferrier, pro se

6846 81st Avenue, North

Pinellas Park, Florida 33781

STATEMENT OF THE ISSUES

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

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

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

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

PRELIMINARY STATEMENT

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

Commissioner of Education, filed a four-count Administrative

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

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

2010 school years. In essence, the Administrative Complaint

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

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

to protect students from conditions harmful to learning and that

his personal conduct seriously reduced his effectiveness as a

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

negotiate a settlement. Following the settlement period, on

August 23, 2011, the Florida Department of Education

(Department) transmitted the Administrative Complaint to DOAH

for a formal hearing.

Initially, the formal hearing was scheduled for October 25,

2011. Mr. Ferrier requested a continuance, which was granted,

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

At the formal hearing, Petitioner called the following

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

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

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

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

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

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

Exhibits 1 through 21 were admitted into evidence. Judicial

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

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

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

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

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

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

evidence.

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

2012. Petitioner filed an unopposed motion to extend the time

to file proposed recommended orders, which was granted.

Petitioner and Respondent timely filed their Proposed

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

Recommended Orders have been considered in the preparation of

this Recommended Order.

FINDINGS OF FACT

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

covering the areas of educational leadership, elementary

education, and middle grades integrated curriculum, which is

valid through June 30, 2012.

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

employed as a teacher at either Pinellas Park Middle School

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

Pinellas County School District (School District).

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

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

pursuant to his authority in section 1012.796(6).

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

2007 school year. The record shows by clear and convincing

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

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

a lack of organization, failure to effectively communicate with

parents and students, failure to provide students with grades and

collect school work, and discord.

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

was Mr. Ferrier’s immediate supervisor. She evaluated

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

Pinellas Park.

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

2006-2007 school year shows that he earned a score of "1" which

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

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

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

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

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

shows that Ms. Gorman left two assessment areas blank.

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

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

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

that he was satisfactory.

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

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

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

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

to meet expectations for subject knowledge; instructional method;

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

and use of technology in the classroom.

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

characterized by repeated failures to answer calls made by

parents, disorganization, poor attendance at meetings, arriving

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

dealing with colleagues.

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

credible testimony showing Mr. Ferrier’s disorganization and

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

2008-2009 school year, on the first day of school for returning

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

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

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

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

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

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

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

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

to be responsive to parent concerns about their children.

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

credible testimony showing that Mr. Ferrier failed to return

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

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

and unprepared. The frequency of parents calling Ms. Northcutt

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

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

return phone calls.

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

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

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

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

unprepared if he did attend the conference. Parents would

contact Ms. Northcutt in her capacity as the guidance counselor

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

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

of assignments into the computer system so that parents could

check their child’s progress.

13. The record clearly shows that Mr. Ferrier lacked

insight into his professional shortcomings. The record clearly

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

an organized and effective teacher, but failed to avail himself

of the assistance. Further, Mr. Ferrier objected to

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

concentrate on teaching. In response to this directive,

Mr. Ferrier encouraged parents of the volleyball players to

contact Ms. Witcher to change her decision.

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

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

with colleagues. This finding is based on the events concerning

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

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

subsequent action after returning from administrative leave.

15. Ms. Northcutt credibly testified that, based on

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

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

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

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

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

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

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

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

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

after attending another conference. Mr. Ferrier demanded that

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

credibly testified that she felt threatened and intimidated by

Mr. Ferrier’s confrontational behavior. She reported the

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

District, and an investigation was begun. The School District

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

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

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

encountered that he was accused of bullying and that he would

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

divisive and sought to undermine her new administration at the

school.

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

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

administrator for the Office of Professional Standards, informed

Mr. Ferrier to be very careful in his interactions with

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

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

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

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

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

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

and was involuntarily transferred from Pinellas Park to Seminole.

The purpose of transferring Mr. Ferrier to Seminole was to

provide him with a fresh start.

17. Unfortunately, the record clearly shows that

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

ineffective teaching, lack of knowledge of materials he was

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

and failure to follow directions to become an effective teacher.

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

Mr. Ferrier to teach regular science classes and three advanced

honor science classes. The parents at Seminole are actively

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

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

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

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

assistance to become an effective teacher, and ultimately

removing Mr. Ferrier from the classroom.

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

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

clearly showed the following instances:

A) Mr. Ferrier was disorganized in the classroom.

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

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

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

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

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

discussed at length discipline issues with the parents. The

record shows, however, that honor students typically did not

cause discipline problems. Mr. Ferrier’s disorganization quickly

led students to becoming frustrated in the classroom and parents

complaining to Mr. Lechner. Further, this disorganization was

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

properly log grades into the school computer system so that

parents could access the grades, and losing test results.

Mr. Ferrier’s disorganization in the classroom was further

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

Professional Service Contract Probation for 90 days during the

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

conducted personal observations of Mr. Ferrier’s instruction and

found it disorganized, confusing, and resulting in students

becoming frustrated. Mr. Lechner gave Mr. Ferrier specific

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

failed to follow the instructions.

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

important faculty meetings. The record shows through

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

mandatory first professional learning community meeting.

Although Mr. Lechner could not remember the reason that

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

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

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

failures, as opposed to acknowledging his mistakes. The record

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

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

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

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

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

log.

C) Mr. Ferrier used ineffective instructional methods and

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

parents and students, who testified, were unanimous in their

consensus that Mr. Ferrier failed to teach anything.

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

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

teach herself physical science. Further, the testimony was clear

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

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

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

of an education.

The conclusion that Mr. Ferrier used ineffective

instructional methods and did not have a grasp of the material

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

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

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

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

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

the School District’s supervisor for secondary science, conducted

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

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

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

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

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

Based on her observations, Ms. Lamy made recommendations for

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

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

full advantage of the help being offered to him.

Mr. Lechner’s testimony also provided examples from

classroom observations that demonstrated Mr. Ferrier’s poor

instructional methods and lack of understanding of the material

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

laboratory experiment conducted by Mr. Ferrier. Mr. Ferrier

attempted to conduct an experiment demonstrating how an object

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

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

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

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

to it or the concept behind the experiment. According to

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

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

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

the concept behind the experiment. The record showed that

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

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

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

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

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

a wrong formula concerning distance over time, which was not

corrected until the error was pointed out by a student.

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

and failed to properly record grades. The record shows that

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

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

students could access the information. Further, parents and

students complained to Mr. Lechner about erroneous grades,

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

been completed, as well as grades which were either excessively

high or excessively low.

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

was unprepared and untimely when attending parent-teacher

meetings. One parent testified about attending a parent-teacher

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

up.

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

turn students’ answer sheets for mandatory progress monitoring

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

required school districts to turn in students’ answer sheets from

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

District started receiving feedback from the tests, Ms. Lamy

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

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

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

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

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

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

expectations for teaching. Mr. Ferrier did not meet expectations

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

instructional methods, respect for students and parents, engaging

students, use of technology, classroom discipline, and

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

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

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

returning papers to students without feedback.

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

Mr. Ferrier finally sought assistance, at the insistence of

Mr. Lechner, from the Professional Development and Improvement

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

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

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

at Pinellas Park.

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

disciplinary history with the Florida Education Practices

Commission.

CONCLUSIONS OF LAW

23. DOAH has jurisdiction over the parties and the subject

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

(2011).

24. Petitioner is statutorily authorized to file and

prosecute an administrative complaint against a teacher, if

Petitioner has determined that probable cause exists that the

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

Commission has the statutory authority to suspend or revoke the

teaching certificate of any person or to impose any penalty

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

acts.

25. This is a disciplinary action by Petitioner seeking to

discipline Mr. Ferrier’s teaching certificate. Petitioner bears

the burden of proof to demonstrate the allegations in the

Administrative Complaint by clear and convincing evidence.

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

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

As stated by the Florida Supreme Court:

Clear and convincing evidence requires that

the evidence must be found to be credible;

the facts to which the witnesses testify

must be distinctly remembered; the testimony

must be precise and lacking in confusion as

to the facts in issue. The evidence must be

of such a weight that it produces in the

mind of the trier of fact a firm belief or

conviction, without hesitancy, as to the

truth of the allegations sought to be

established.

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

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

26. The Administrative Complaint contains four counts

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

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

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

1012.795(1)(g), in that his personal conduct seriously reduces

his effectiveness as a teacher; (3) violating section

1012.795(1)(j), in that Mr. Ferrier has violated the Principles

of Professional Conduct for the Education Profession as

prescribed by the State Board of Education rules; and

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

make reasonable efforts to protect students from conditions

harmful to learning.

27. Although chapter 1012 does not contain a definition of

"incompetent," the Education Practices Commission has defined

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

action against instructional personnel:

(1) Incompetency is defined as inability or

lack of fitness to discharge the required

duty as a result of inefficiency or

incapacity. Since incompetency is a

relative term, an authoritative decision in

an individual case may be made on the basis

of testimony by members of a panel of expert

witnesses appropriately appointed from the

teaching profession by the Commissioner of

Education. Such judgment shall be based on

a preponderance of evidence showing the

existence of one (1) or more of the

following:

(a) Inefficiency: (1) repeated failure to

perform duties prescribed by law (Section

231.09, Florida Statutes); (2) repeated

failure on the part of a teacher to

communicate with and relate to children in

the classroom, to such an extent that pupils

are deprived of minimum educational

experience; or (3) repeated failure on the

part of an administrator or supervisor to

communicate with and relate to teachers

under his or her supervision to such an

extent that the educational program for

which he or she is responsible is seriously

impaired.

(b) Incapacity: (1) lack of emotional

stability; (2) lack of adequate physical

ability; (3) lack of general educational

background; or (4) lack of adequate command

of his or her area of specialization.

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

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

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

convincing evidence that Mr. Ferrier is incompetent through his

repeated failure to meet the minimum standards required by the

School District to teach as shown by his evaluations, the

testimony on the observations conducted by Mr. Lechner and

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

Further, the record clearly shows that Mr. Ferrier was

continuously provided offers of assistance to help him correct

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

unable to correct his deficiencies. The record clearly and

convincingly shows that Mr. Ferrier did not grasp the material

that he was teaching and did not use effective instructional

methods to communicate and relate to the children. Therefore,

Petitioner has established by clear and convincing evidence that

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

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

of personal misconduct which seriously reduces his effectiveness

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

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

convincing evidence that Mr. Ferrier violated section

1012.795(1)(g). As detailed in the Findings of Fact,

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

repeated lack of responsiveness to parents and teachers reduced

his effectiveness as an employee of the School Board.

30. The record showed by clear and convincing evidence

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

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

assignments, and that his incompetence caused confusion and

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

incompetence led a student to teach herself the subject.

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

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

Further, the record showed that his habitual tardiness would

result in him missing important teacher training meetings,

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

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

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

out of the education they deserve. Consequently, the record

established by clear and convincing evidence that Mr. Ferrier

violated section 1012.795(1)(g).

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

Petitioner charged Mr. Ferrier with violating section

1012.795(1)(j) and rule 6B-1.006(3)(a).

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

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

for the Education Profession prescribed by State Board of

Education rules."

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

Conduct for the Education Profession in Florida," provides in

pertinent part:

(1) The following disciplinary rule shall

constitute the Principles of Professional

Conduct for the Education Profession in

Florida.

(2) Violation of any of these principles

shall subject the individual to revocation or

suspension of the individual educator’s

certificate, or the other penalties as

provided by law.

(3) Obligation to the student requires that

the individual:

(a) Shall make reasonable effort to protect

the student from conditions harmful to

learning and/or to the student’s mental

and/or physical health and/or safety.

34. The record showed by clear and convincing evidence

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

receiving proper instruction, confusion and frustration in the

classroom, and lack of consistent feedback through grades. See

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

2012 Fla. Div. Adm. Hear Lexis 41 (Fla. DOAH Jan. 19,

2012)(finding that teacher violated section 1012.795(j) and rule

6B-1.006(3)(a) where evidence showed that the teacher "not only

rejected attempts to assist her with improving her skills, but

failed to communicate with parents whose children were failing

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

not engaged in the learning process, were not receiving

consistent instruction, and were not receiving instruction

aligned to clearly delineated standards.").

35. Section 1012.796(7) provides the Education Practices

Commission with the authority to discipline Mr. Ferrier’s

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

to consider in determining an appropriate discipline. Here, the

Education Practices Commission has the range of authority from

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

36. In determining the appropriate discipline, Florida

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

aggravating and mitigating facts that may be considered in taking

disciplinary action. Turning to the facts here, the record

shows as aggravating circumstances that Mr. Ferrier had

repeatedly failed to perform his duties as a teacher at both

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

into his probation at Seminole that Mr. Ferrier sought

assistance from the Professional Development and Improvement

Network to correct his teaching deficiencies.

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

disciplinary action by the Education Practices Commission

against Mr. Ferrier.

38. Petitioner’s Proposed Recommended Order sought a

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

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

terms and conditions deemed appropriate. The undersigned finds

Petitioner’s recommended penalty is reasonable in light of the

record.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

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

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

period of three years’ probation under terms and conditions

deemed appropriate.

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

Tallahassee, Leon County, Florida.

S

THOMAS P. CRAPPS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 9th day of March, 2012.

ENDNOTES

1/ Unless otherwise indicated, all references to the Florida

Statutes are to the 2010 version.

2/ Petitioner presented the testimony of students who had been

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

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

student’s initials as opposed to full name.

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

Ron Weaver, Esquire

Post Office Box 5675

Douglasville, Georgia 30154

Eric William Ferrier

6846 81st Avenue, North

Pinellas Park, Florida 33781

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

Charles Deal, General Counsel

Department of Education

Turlington Building, Suite 1244

325 West Gaines Street

Tallahassee, Florida 32399-0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

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

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.