96-003217 Winnie Oden vs. Flagler County School Board
 Status: Closed
Recommended Order on Thursday, August 8, 1996.


View Dockets  
Summary: Burden of proof and duty to go forward established where school teacher seeks extended leave of absence to serve as school board member appointed by Governor.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8WINNIE ODEN, )

11)

12Petitioner, )

14)

15vs. ) CASE NO. 96-3217

20)

21THE SCHOOL BOARD OF FLAGLER COUNTY, )

28)

29Respondent. )

31____________________________________)

32RECOMMENDED ORDER

34Pursuant to notice, this cause came on for formal hearing before Ella Jane

47P. Davis, a duly-designated Hearing Officer of the Division of Administrative

58Hearings, on July 24, 1996 in Bunnell, Florida.

66APPEARANCES

67For Petitioner: C. Allen Watts, Esquire

73COBB, COLE & BELL, P.A.

78Post Office Box 2491

82Daytona Beach, Florida 32115-2491

86For Respondent: Michael D. Chiumento, Esquire and

93Ann-Margret Emery, Esquire

96CHIUMENTO, GUNTHARP, EMERY

99and ROSENBERG, P.A.

1024 Old Kings Road North, Suite B

109Palm Coast, Florida 32137

113STATEMENT OF THE ISSUES

117Whether Petitioner is entitled to an unpaid leave of absence from

128employment as a teacher of the Flagler School District, from July 1, 1996 until

142expiration of her commission as School Board member on November 19, 1996.

154PRELIMINARY STATEMENT

156Petitioner Winnie Oden was appointed by the Governor in 1995 to a vacancy

169on the Respondent School Board, expiring November 19, 1996. The vacancy

180occurred in mid-term due to the death of her predecessor. Petitioner sought and

193received an unpaid leave of absence from duty as a tenured teacher for the

207balance of School Year 1995-1996.

212Prior to April 1, 1996, Petitioner applied for an extension of unpaid leave

225of absence for School Year 1996-1997, until the expiration of her commission as

238School Board member, November 19, 1996. The Superintendent brought her request

249before the Respondent School Board with a recommendation of approval. On April

26123, 1996, the School Board denied the requested leave of absence. It further

274denied requests for rehearing and for an evidentiary hearing.

283The Circuit Court of the Seventh Judicial Circuit in and for Flagler County

296thereafter held, in Case No. 96-411-CA, that the action of the Respondent

308affected Petitioner's substantial interests and that Petitioner was entitled to

318an administrative hearing pursuant to Section 120.57, F.S. The Respondent

328thereupon referred the matter to the Division of Administrative Hearings, on or

340about July 12, 1996.

344The parties requested an expedited formal hearing for a day specific, which

356was granted for July 24, 1996.

362At the commencement of formal hearing, the parties stipulated to all facts,

374but not necessarily all law, as set out in Petitioner's Prehearing Statement

386(TR-25); agreed that the content of Flagler County School Board Rule 3.37(2)(d)

398was correctly set out in Respondent's Prehearing Statement and that the rule was

411in effect at all times material (TR-24, 32-34); and that School Board Rule

4243.37(2)(d) and Rule 6A-1.080 Florida Administrative Code are the only local or

436other policies applicable under Section 231.39 F.S. (TR-24-25, 33).

445After oral argument on the burden of proof and duty to go forward, it was

460ruled that it was Petitioner's duty to go forward to demonstrate a prima facie

474case of good cause, considering the several rule elements, to grant the request

487for leave, whereupon the burden shifts to the Respondent. (TR-41-43) 1/

498Petitioner presented the oral testimony of fellow School Board members

508Nancy Dance and Richard Marier, and testified in her own behalf. She had five

522exhibits admitted in evidence, one of which was the testimony of Dr. Donn

535Kaupke, Superintendent of Schools for Flagler County. Dr. Kaupke's deposition

545was admitted without objection and without submittal of any certified questions.

556Respondent presented the oral testimony of Mr. Gayle Bowen, the School

567District's Director of Personnel, Transportation and Insurance, and had one

577exhibit admitted in evidence.

581At the conclusion of the hearing, the parties agreed to provide an

593expedited transcript, which was filed on July 26, 1996. By agreement, proposed

605recommended orders were to be filed by August 2, 1996. Petitioner's proposal

617was filed Friday, August 2, 1996; Respondent's proposal was filed Monday, August

6295, 1996. All proposed findings of fact have been considered and are ruled upon

643in the appendix to this recommended order, pursuant to Section 120.59(2) F.S.

655FINDINGS OF FACT

6581. Petitioner is a teacher employed by the Flagler County School District.

6702. Petitioner has been employed for more than three years, has been

682recommended by the School Board and reappointed and has become eligible for, and

695has received, a Professional Services Contract with tenure.

7033. Petitioner has been employed by the Flagler County School System for

715six years. She is enrolled in the Florida Retirement System, and her eligible

728employment under that system consists entirely of her service in the Flagler

740County School System.

7434. Petitioner was appointed by the Governor as a School Board member on or

757about September 5, 1995. She had just begun School Year 1995-1996 as an

770elementary teacher at Bunnell Elementary School.

7765. Petitioner was appointed to serve as a School Board member until

788November 19, 1996. Her appointment expires upon the election and start of a

801member to fill the remaining two years of the term of a deceased member of the

817School Board.

8196. Following her appointment to the School Board, Petitioner applied for a

831leave of absence as teacher in order to take her position as a School Board

846member.

8477. Petitioner sought an unpaid leave of absence from the time of her

860appointment to the School Board until the end of the 1995-1996 School Year. The

874Superintendent recommended that her request be approved and the School Board

885approved it. At that time, the Superintendent made clear to her that any leave

899of absence beyond June 30, 1996 would be subject to the School Board's approval,

913notwithstanding the Superintendent's current or future recommendations.

9208. Petitioner's request for leave of absence near the commencement of

931School Year 1995-1996 presented no administrative inconvenience to the School

941District, and minimal disruption of the routine of her students.

9519. Petitioner was tendered renewal of her teaching contract for the 1996-

9631997 School Year, apparently effective August 13, 1996.

97110. Petitioner timely applied to the Superintendent for an extension of

982her leave of absence as a teacher for that part of School Year 1996-1997 that

997overlapped the time up to the expiration of her term as a School Board member,

1012November 19, 1996.

101511. The Superintendent recommended that Petitioner's request for extension

1024of leave of absence without pay for the applicable portion of School Year 1996-

10381997 be granted.

104112. In considering Petitioner's request for an extension of her leave of

1053absence into School Year 1996-1997, the Superintendent considered the

1062requirements of efficient operation of the School District, including tentative

1072discussions with his staff about possible positions suitable to Petitioner's

1082experience upon her projected return November 19, 1996 from her requested

1093extended leave of absence.

109713. The position to which Petitioner has been appointed at Bunnell

1108Elementary School commencing August 13, 1996 is not being held open by

1120Respondent, but has been filled by another teacher irrespective of these

1131proceedings.

113214. There is a tentatively identified position suitable to Petitioner's

1142experience. Mr. Bowen, Director of Personnel, Transportation, and Insurance,

1151opined that if the tentatively identified position were not filled until

1162November 19, 1996, it might be disruptive to good education of the particular

1175type of students targeted for the program. The School District has no imminent

1188need to fill the tentatively identified position, but there is no guarantee it

1201still will be available on November 19, 1996.

120915. In the interim, other positions may open through maternity leave,

1220illness, death, etc. or they may not. On average, there are three or four

1234teaching positions that open and that must be re-filled every school year.

1246There is no evidence that a position which opens, if any, will be one for which

1262Petitioner is qualified.

126516. If there is no position for which Petitioner is suitable available on

1278November 19, 1996 she cannot be placed in Flagler County. Seniority has no

1291effect; suitability by educational qualifications and credentials does.

129917. If Petitioner's leave of absence is not approved and she fails to

1312commence work on August 13, 1996, she will forfeit her contract as a teacher.

1326If, after November 19, 1996, Petitioner is neither a School Board member nor a

1340teacher on approved leave of absence, she will no longer be covered by the

1354Florida Retirement System. If Petitioner is denied leave and returns to the

1366position which is now available she will lose no employment benefits.

137718. The Superintendent recommended to the Respondent Board that the

1387extension of Petitioner's leave of absence be approved because of the

1398extraordinary circumstance of her gubernatorial appointment to the position of

1408School Board member, and because the requested leave period was for such a short

1422portion of School Year 1996-1997, (approximately 96 days including weekends and

1433autumn holidays when no teaching occurs), that it was acceptable within his

1445expert educator administrative experience.

144919. On April 23, 1996, the Respondent School Board voted to refuse the

1462Superintendent's recommendation to extend Petitioner's leave of absence without

1471pay for the additional time she would otherwise be teaching. Petitioner's

1482request was the only recommended leave request not approved at that School Board

1495meeting.

149620. An extended leave for over one school year has not been granted by the

1511Flagler County School Board since 1978.

151721. The Respondent Board had no evidence before it other than the

1529Superintendent's recommendation when it considered the extension of Petitioner's

1538leave. During the Superintendent's thirteen-year experience which has been

1547since 1983, the Board has always accepted his recommendations with respect to

1559leaves of absence.

156222. Due to the death of another School Board member and the inability of

1576Petitioner to participate in the vote, only three Board members participated in

1588the vote on the Superintendent's recommendation for extension of Petitioner's

1598leave of absence. Member Dance moved that the leave be denied because the Board

1612had never before granted an extended leave for an employee to accept a full time

1627salaried position. The motion was approved by two members, Ms. Dance and Mr.

1640Marier.

164123. The only "concerns" expressed by Ms. Dance and Mr. Marier, who

1653testified at formal hearing, related to speculation and assumptions that

1663Petitioner presented a case of first impression, certainly for their School

1674Board and probably for the State of Florida, and that if Petitioner were granted

1688an extended leave of absence, it might be difficult to administer the system in

1702the event of a deluge of similar requests from teachers requesting leave without

1715pay to take other salaried positions.

172124. Ms. Dance has served on the School Board for twelve years and felt

1735that in a growing school system, such as the Flagler County School District, it

1749is inefficient to remove teachers and then attempt to have positions made

1761available to them upon return from leave.

176825. If extended leave is granted, Petitioner will not teach for roughly 96

1781days of the 1996-1997 School Year and will only teach in Flagler County if re-

1796employed in a position actually available on November 19, 1996. See, Findings

1808of Fact 12-16 supra.

181226. Superintendent Kaupke shared Ms. Dance's concern for orderly

1821administration but still recommended approval of extended leave for Petitioner.

1831On average, leaves of absence of varying duration are recommended and granted

1843for a dozen or more teachers each School Year, and there are three to four

1858permanent teacher replacements each year without any significant effect on

1868efficiency of the system or disruption of the education of even elementary

1880school students.

188227. In the past, the Superintendent has consistently denied requests of

1893employees to take other salaried positions and the School Board has not granted

1906any. In one instance, a teacher lied to Dr. Kaupe about his reason for

1920requesting a leave of absence without pay and took a salaried teaching position

1933in another state. The Superintendent would not have recommended a leave of

1945absence be granted had he known the true circumstances.

195428. During her employment as a teacher, Petitioner also worked part-time

1965in a separate job as a child care apprenticeship instructor. The School Board

1978has no rules, policies or past precedents which forbid dual employment by school

1991teachers, so long as the second job does not interfere with their

2003responsibilities under their teaching contracts with the School Board.

201229. For the balance of 1996, all regular School Board meetings are

2024scheduled to be held at 7:30 p.m. on the third Tuesday of each month. Although

2039this schedule is subject to change, at the time of formal hearing herein, there

2053were no scheduled events for School Board members during a school teacher's

2065normal duty hours.

206830. Petitioner's requested extended leave of absence was volitional, but

2078was not submitted for the purpose of accepting another salaried position which

2090would physically prevent the performance of her duties as a teacher. Rather, it

2103was submitted in order to conform to the requirements of Section 112.313(10)

2115F.S. and the holding in Wright v. Commission on Ethics, 389 So.2d 662 (Fla.

21291980).

2130CONCLUSIONS OF LAW

213331. The Division of Administrative Hearings has jurisdiction over the

2143subject matter and the parties hereto pursuant to Section 120.57(1), F.S.

215432. Section 231.39 F.S. provides that leaves of absence for district

2165school board employees shall be granted with or without compensation pursuant to

2177rules adopted by the district school boards.

218433. Section 229.053 F.S. authorizes the State Board of Education to

2195prescribe such policies or rules as it may find necessary for the improvement of

2209the state system of public education. Section 230.23(5) F.S. covers the general

2221powers of school boards with regard to personnel. Section 231.36 F.S. covers

2233the powers of the school boards with regard to the contracts and appointments of

2247instructional staff.

224934. Rule 6A-1.080 Florida Administrative Code provides:

2256No leave, except military leave, shall be

2263granted at one time for a period greater than

2272one year, but the school board may adopt

2280policies whereby [a new application for leave

2287may be filed at the expiration of leave and

2296new leave granted at the discretion of the

2304board. Such policies shall be based on the

2312requirements of efficient operation of the

2318district school system as well as on consider-

2326ation of what is fair to the employee.]

2334Automatic renewals of leave shall not be

2341allowed. Specific Authority 229.053(1) FS.

2346Law Implemented Repromulgated 12-5-74,

2350Formerly 6A-1.80. [Emphasis supplied]

235435. Pursuant to the authority granted under Rule 6A-1.080 Florida

2364Administrative Code, the Respondent School Board has adopted Rule 3.37(2)(d)

2374providing:

2375Personal Leave -

2378[Each extended leave-without-pay request

2382shall be considered on its own merit] by

2390the School Board. Return from leave is

2397contingent on a vacant position in the

2404system the employee is qualified to fill.

2411[Requests for extended leave to take another

2418position for salary shall be denied unless

2425there are extenuating circumstances that are

2431acceptable to the Board.] [Emphasis supplied]

243736. There are oblique suggestions in both parties' proposals to the effect

2449that the Flagler County School Board's rule shifts the burden established by the

2462state scheme and summarily creates a standard of unbridled discretion in the

2474School Board. However, in the context in which the instant cause has arisen,

2487that rule must be considered valid and applied.

249537. Petitioner has argued that the discretion conferred by law on an

2507member of a school board is required to be exercised according to the

2520established rule of law; that the officer when exercising that discretion is not

2533permitted or allowed to act in an arbitrary or capricious manner; and that s/he

2547is not permitted to exercise the discretion conferred by law for personal,

2559selfish or fraudulent motives or for any reason or reasons not supported by the

2573discretion conferred by law. Petitioner further asserted that the

2582Superintendent is the executive officer of a school district and is responsible

2594for the administration and management of schools, pursuant to Section 230.03(3),

2605F.S.; that the allocation of responsibilities with respect to school district

2616personnel matters, i.e., selection by the Superintendent and appointment by the

2627Board, was intended not only to remove political considerations from the process

2639of selecting those persons responsible for the education of children, but also

2651to insure that the Superintendent will have sufficient control and authority

2662over the employees of the school district to permit the Superintendent to carry

2675out the responsibilities of managing the system; and that an executive or

2687administrator who cannot control his employees cannot function. Therefore,

2696Petitioner contended that unless there is contrary evidence, the

2705Superintendent's recommendation, supported by the evidence, is entitled to

2714deference in the Board's consideration. This is a valid and persuasive

2725argument, but it is not even necessary to assign special deference to the

2738Superintendent's recommendation in the limited context of this case.

274738. As to the burden of proof and duty to go forward, this conclusion of

2762law adopts the discussion in Endnote 1.

276939. Herein, the Superintendent has considered all requirements of

2778efficient operation of the Flagler District School System and has explicated

2789them adequately for the record. His administrative experience shows that in the

2801predictable and usual course of any School Year, a leave of absence without pay

2815is not common but is not out of the ordinary, will not affect administrative

2829efficiency, and will not disrupt educational progression of students. In the

2840Superintendent's expert opinion as an educator, there is no good cause to deny

2853Petitioner's request to extend her leave without pay for 96 days out of this

2867School Year's contract.

287040. The only contrary evidence is speculative based upon what [might]

2881happen with regard to filling a tentatively identified position, which position

2892may no longer be available on November 19, 1996 and in which Petitioner has no

2907vested interest. Other speculations about what [may] happen with regard to a

2919deluge of extended leave requests which [might] be recommended by the

2930Superintendent contrary to all his past history of leave recommendations [if]

2941Petitioner's request for extended leave is granted cannot be controlling in this

2953cause because the School Board's own rule requires that "each extended leave

2965without pay [shall be considered on its own merit]." [Emphasis supplied]. Even

2977so, it is exceedingly unlikely that there will be a deluge of similar extended

2991leave requests, let alone that many teachers would be able to show substantially

3004similar circumstances.

300641. "What is fair to the employee," as provided in the State Rule, would

3020be an extended leave. Section 112.303(10) F.S., prevents Petitioner from

3030serving as a School Board member unless she is on an unpaid leave of absence

3045from her employment as a teacher. Under the Florida Retirement System,

3056Petitioner is not entitled to normal retirement benefits unless she has at least

3069ten years of creditable service. See, Section 121.029, F.S. Interruption of

3080employment for more than one month is considered an interruption in continuous

3092service, except for periods of absence creditable with Chapter 121 F.S. See,

3104Section 121.021(38), F.S. Creditable service may include, as future service, up

3115to two years during which the member is on a leave of absence authorized in

3130writing by her employer, and in which the member makes the required contribution

3143for service credit during the leave of absence. See, Section 121.121, F.S.

315542. Finally, a situation as unusual as a gubernotorial appointment fits

3166anyone's definition of "extenuating circumstances." See, School Board Rule

31753.37(2)(d).

317643. "Extenuation" is defined by Merriam-Webster's Collegiate Dictionary,

3184Tenth Edition, at page 411, as:

31901: the act of extenuating, or state of being

3199extenuated: esp.: partial justification

32032: something extenuating: esp. a partial excuse.

321044. Upon the evidence presented, Petitioner's requested leave of absence

3220does not interfere with the efficient operation of the Flagler District School

3232System, is fair to the employee, and presents the requisite extenuating

3243circumstances.

3244RECOMMENDATION

3245Based on the foregoing Findings of Fact and Conclusions of Law, it is

3258RECOMMENDED that the School Board of Flagler County enter a Final Order

3270granting Petitioner's request for extension of unpaid leave of absence through

3281November 19, 1996.

3284DONE AND ENTERED this 8th day of August, 1996, in Tallahassee, Florida.

3296___________________________________

3297ELLA JANE P. DAVIS, Hearing Officer

3303Division of Administrative Hearings

3307The DeSoto Building

33101230 Apalachee Parkway

3313Tallahassee, Florida 32399-1550

3316(904) 488-9675

3318Filed with the Clerk of the

3324Division of Administrative Hearings

3328this 8th day of August, 1996.

3334ENDNOTE

33351/ Respondent School Board argued that the subject matter of this cause is not

3349addressed in Sections 230.23(5) and 231.36 F.S. and their case law progeny

3361because it concerns a leave recommendation, not an instructional contract or

3372appointment recommendation in which the courts have found teachers have a vested

3384property right; that Section 231.39 F.S. applying strictly to leaves of absence

3396to be granted according to law does not change the concept that grants of leave

3411are purely discretionary with school boards; that therefore the duty to go

3423forward is upon Petitioner and that "good cause" is not the burden of proof

3437herein as has been established in the case law on contracts and appointments

3450cited by the Petitioner but that the burden is to prove that the School Board

3465acted "capriciously, arbitrarily, fraudulently or in an abuse of its

3475discretion." Respondent did not offer any case law to that effect, and that

3488standard is normally reserved for bid disputes under Section 120.53 F.S. and

3500rule challenges under Sections 120.54 and 120.56 F.S.

3508The case law concerning Sections 230.23(5) and 231.36 F.S. and dealing with

3520appointments and contracts, is consistent that once the Superintendent

3529recommends, the School Board must provide an evidentiary, due process hearing.

3540See, Spurlin v. School Board of Sarasota County, 520 So.2d 295 (Fla. 2d DCA

35541988); Greene v. School Board of Hamilton County, 444 So.2d 501 (1st DCA 1984);

3568Foreman v. Columbia County School Board, 429 So.2d 384 (Fla. 1st DCA 1983);

3581Wright v. Commission on Ethics, 389 So.2d 662 (Fla. 1st DCA 1980); and Von

3595Stephens v. School Board of Sarasota County, 338 So.2d 890 (Fla. 2d DCA 1976).

3609See also, 1985 Fl. A.G. Opinion 77 and 96 Fl. A.G. Opinion 13. That stage was

3625reached herein by the School Board's ultimate referral to DOAH for a Section

3638120.57(1) F.S. proceeding, after the intervention of the Circuit Court.

3648Petitioner is clearly entitled to an evidentiary hearing pursuant to her

3659substantial interests being affected by the proposed action of the School Board,

3671pursuant to that court order and Section 120.57(1) F.S.

3680Pursuant to the foregoing statutes and rules, "good cause" must be shown

3692for whatever action the School Board takes in regard to granting or denying

3705contracts and appointments. It is also a reasonable test for granting or

3717denying the extension of leave. See, Section 231.39 F.S. and Rule 6A-1.080

3729F.A.C. Also of note are the line of cases dealing with the concomitant

3742situation where an employee who abuses the leave privileges granted pursuant to

3754Section 231.39 F.S., may be subject to dismissal either upon "clear and

3766convincing evidence" if s/he is instructional personnel or upon a showing of

"3778just cause" if s/he is non-instructional personnel.

3785Although "good cause" has been equated with "competent substantial

3794evidence" in at least one of the court decisions (see, Foreman v. Columbia

3807County School Board, supra.), "competent substantial evidence "is a standard of

3818appellate review, not a burden of proof in a Section 120.57(1) F.S. case. See,

3832Pic 'N' Save Central Florida v. Department of Business Regulation, 601 So. 2d

3845245 (Fla. 1st DCA 1992) and Adam Smith Enterprises v. State, Department of

3858Environmental Regulation, 553 So. 2d 1260 (Fla. 1st DCA 1990). Accordingly, the

3870burden of proof herein was determined by the undersigned to be "good cause," as

3884stated in the case law cited by Petitioner on contracts and appointments of

3897instructional personnel, as applied to the specific elements established for

3907consideration within the rules.

3911Petitioner argued on the basis of the foregoing case law applicable to

3923instructional contracts and appointments, that once the Superintendent

3931recommends, the School Board performs what is, in effect, only a ministerial

3943duty and it is the School Board which must show good cause to reject the

3958Superintendent's recommendation. Rather, the situation here is more akin to the

3969situation is which an agency issues a blanket intent to deny and the applicant

3983bears the burden of proof to change the agency's mind. See, Florida Department

3996of Transportation v. J.W.C. Company, Inc. 396 So. 2d 778 (Fla. 1st DCA 1977).

4010Despite some case law in other administrative categories holding that

4020renewals of applications require an agency to defend its intent to deny, the

4033undersigned views this case as one like any other application wherein the duty

4046to go forward falls upon the applicant. Moreover, herein, School Board Rule

40583.37(2)(d) has been incorporated via Section 231.39 F.S. and Rule 6A-1.080

4069F.A.C. in this proceeding. That rule applies only to requests for extended

4081leave, and therefore was not considered by either the Superintendent or the

4093School Board for Petitioner's initial leave request, and Petitioner's request

4103for extension is, in effect, an initial application under an additional rule.

4115Accordingly, by all these tests, Petitioner bore the duty to go forward.

4127APPENDIX TO RECOMMENDED ORDER

4131Petitioner's PFOF:

41331-19 Accepted except that unnecessary, subordinate, and/or cumulative

4141material has not been adopted.

4146Respondent's PFOF:

41481-7, 12-14, 19-21 Accepted except that unnecessary, subordinate, and/or

4157cumulative material has not been adopted.

41638-11, 16-17 Accepted as modified to reflect the respective complete

4173testimony of Dr. Kaupke, Ms. Dance, Mr. Marier, and Mr. Bowen.

418415 Accepted that this was testified to, but rejected as speculation and

4196argumentation.

419718 In balancing this opinion of the Director of Transportation,

4207Personnel and Insurance against that of the Superintendent of Schools, a

4218professional educator who is the one who will make the decision in question, the

4232latter has been accepted as more credible and persuasive.

4241COPIES FURNISHED:

4243C. Allen Watts, Esquire

4247COBB, COLE & BELL, P.A.

4252150 Magnolia Avenue

4255Post Office Box 2491

4259Daytona Beach, Florida 32115-2491

4263Michael D. Chiumento, Esquire

4267Ann-Margret Emery, Esquire

4270CHIUMENTO, GUNTHARP, EMERY

4273and ROTENBERG, P.A.

42764 Old Kings Road North, Suite B

4283Palm Coast, Florida 32137

4287Dr. Donn V. Kaupke, Superintendent

4292Flagler County School Board

4296Post Office Box 755

4300Bunnell, Florida 32110-0755

4303Frank T. Brogan

4306Commissioner of Education

4309Department of Education

4312The Capitol

4314Tallahassee, Florida 32399-0400

4317NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

4323All parties have the right to submit to the agency written exceptions to this

4337Recommended Order. All agencies allow each party at least ten days in which to

4351submit written exceptions. Some agencies allow a larger period within which to

4363submit written exceptions. You should contact the agency that will issue the

4375Final Order in this case concerning agency rules on the deadline for filing

4388exceptions to this Recommended Order. Any exceptions to this Recommended Order

4399should be filed with the agency that will issue the Final Order in this case.

Select the PDF icon to view the document.
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Date
Proceedings
Date: 10/24/1996
Proceedings: Final Order filed.
PDF:
Date: 10/15/1996
Proceedings: Agency Final Order
PDF:
Date: 10/15/1996
Proceedings: Recommended Order
PDF:
Date: 08/08/1996
Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 07/24/96.
Date: 08/05/1996
Proceedings: Respondent`s Flagler County School Board, Proposed Findings of Fact, Conclusions of Law, and Proposed Recommendation filed.
Date: 08/02/1996
Proceedings: Petitioner`s Proposed Recommended Order filed.
Date: 07/26/1996
Proceedings: Post-Hearing Order sent out.
Date: 07/26/1996
Proceedings: Transcript of Proceedings filed.
Date: 07/24/1996
Proceedings: Respondent`s Flagler County School Board Pre-Hearing Statement(filed at hearing) filed.
Date: 07/24/1996
Proceedings: CASE STATUS: Hearing Held.
Date: 07/23/1996
Proceedings: Respondent`s Flagler County School Board, Prehearing Statement (filed via facsimile).
Date: 07/15/1996
Proceedings: Letter to hearing officer from A. Emery Re: Requesting a expedited hearing filed.
Date: 07/12/1996
Proceedings: Order Designating Location of Hearing sent out. (hearing set for 7/24/96; 10:30am; Bunnell)
Date: 07/10/1996
Proceedings: Agency referral letter from A. Emery; (7th Circuit Court) Final Judgment; Request for Quasi-Judicial Hearing, letter form filed.
Date: 07/09/1996
Proceedings: Agency referral letter from A. Emery (re: request to expedite hearing) filed.

Case Information

Judge:
ELLA JANE P. DAVIS
Date Filed:
07/10/1996
Date Assignment:
07/11/1996
Last Docket Entry:
10/24/1996
Location:
Daytona Beach, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Related DOAH Cases(s) (1):

Related Florida Statute(s) (7):

Related Florida Rule(s) (1):