15-002047TTS Polk County School Board vs. Michele Hirsch Status: Closed Recommended Order on Tuesday, September 1, 2015.

Summary: School Board proved violation of the Principles of Professional Conduct, but termination was not warranted.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

POLK COUNTY SCHOOL BOARD,

Petitioner,

vs. Case No. 15 - 2047TTS

MICHELE HIRSCH,

Respondent.

_______________________________/

RECOMMENDED ORDER

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

June 30 , 201 5 , in Bartow , Florida , before Administrative Law

Judge Lynne Quimby - Pennock of the Division of Administrative

Hearings (Division).

APPEARANCES

For Petitioner: Donald H. Wilson, Jr., Esquire

Boswel l and Dunlap, LLP

245 South Central Avenue

Bartow, Florida 33830

For Respondent: Branden M. Vicari, Esquire

Herdman and Sakellarides, P.A.

Suite 110

29605 U.S. Highway 19 North

Clearwater, Florida 33761

STATEMENT OF THE ISSUE

The issue is whether RespondentÓs conduct constitutes just

cause for her dismissal from employment with Petitioner.

PRELIMINARY STATEMENT

By letter dated March 16, 2015 , the s uperintendent of Polk

County School s notified Respondent, M ichele Hirsch, of the

recommend at i o n t o terminat e Ms. Hirsch Ós employment with t h e Polk

County School Board (School Board) . The allegations and request

in the superinten dentÓs March 16 letter are summarized as

followed:

03.06.13 Verbal warning Step I

Dundee Elementary s tudent safety

03.08.14 Verbal warning Step I

Eastside Elementary e xcessive absenteeism

04.16.14 Written reprimand Step II

Eastside Elementary f ai lure to leave lesson plans

10.02.14 Verbal warning Step I

Eastside Elementary p erformance issues

02.09.14 Request that superintendent considers

suspending Ms. Hirsch without pay for a

period of five days in accordance with the

third step of Progressiv e Discipline.

02.19.15 Written reprimand Step II

Eastside Elementary e xcessive absenteeism

Ms. Hirsch timely requested an administrative hearing to

c hallenge the termination of her employment. On April 15 , 201 5 ,

th e case w as forwarded to the Division for the assignment of an

a dministrative l aw j udge to conduct a hearing pursuant to

sections 120.569 and 120.57(1), Florida Statutes . Following one

unopposed motion for continuance, the hearing was rescheduled and

heard on the date listed above.

At the fin al hearing, the School Board presented the

testimony of seven witnesses 1/ and offered 13 exhibits, which were

entered into evidence. All hearsay evidence was admitted subject

to corroboration by competent, non - hearsay evidence. To the

extent such hearsay was not corroborated, it will not be used as

a basis for any finding herein. Ms. Hirsch testified on her own

behalf and offered two exhibits, which were entered in to

evidence.

The one - volume Transcript was filed on July 13 . On July 13 ,

a Notice of Filin g was issued informing the parties that the

Ðproposed orders . . . must be filed with the Division of

Administrative Hearings on or before the close of business on

August 3 .Ñ 2/ Each party timely filed a Proposed Recommended Order

(PRO). E ach P RO has been duly considered in the preparation of

this Recommended Order.

Unless specifically stated otherwise herein , all references

to Flo rida Statutes shall be to the 2014 codification.

FINDING S OF FACT

1. The School Board is duly constituted and charged with

the duty to operate, control, and supervise all free public

schools within Polk County, Florida , pursuant to article IX,

section 4, subsection (b) of the Fl orida Constitution a nd section

10 0 1 .32 , Fl orida S tat utes . Specifically, t he School Board has

the autho rity to discipline employees. § 1012.22 (1)(f),

Fla. Stat.

2. According to section 4.4 - 1 of the Teacher Collective

Bargaining Agreement ( Agreement):

Progressive discipline shall be followed,

except in cases where the course of conduct

or the severity of the offense justifies

otherwise. Unusual circumstances may justify

suspension with pay. Progressive discipline

shall be administered in the following steps:

(1) verbal warning in a conference with the

teacher, (A written confirmation of a verbal

warning is not a written reprimand); (2)

dated written reprimand following a

c onference; (3) suspension without pay for up

to five days by the Superintendent and (4)

termination. ÐLetters of ConcernÑ are not a

form of discipline.

3. Progressive discipline is ge nerally recognized as the

process of using increasingly severe measures when an employee

fails to correct a problem after being given a reasonable

opportunity to do so. The measures range from mild to severe,

meaning they can be as simple as a verbal warn ing to correct

conduct, to employment termination for repetitive conduct that

endangers others.

4. Ms. Hirsch has been employed by the School Board for 14

years. She has been employed pursuant to terms of the Agreement.

Ms. Hirsch taught kindergarten at Dundee Elementary School

(Dundee) for eight years. In 2013, she took a medical leave of

absence to attend to family health matters out - of - state. W hen

Ms. Hirsch returned to Florida in January 2014, she was placed at

Eastside Elementary School (Eastside) , and assigned to teach

first grade.

5. On April 8, 2014, Johna Jozwiak, EastsideÓs principal,

issued a verbal warning with a written confirmation to Ms. Hirsch

regarding her excessive absences. Ms. Hirsch had been absent

from school for ten days, two of which were without any accrued

leave time. Ms. Hirsch was put on notice that this verbal

warning was the first step of Progressive Discipline as outlined

in section 4.4 - 1 of the Agreement.

6. Eight days later, Principal Jozwiak issued a written

repriman d to Ms. Hirsch regarding her failure to leave adequate

substitute lessons plans on the days of her absences. T his

written reprimand was the s econd step of Progressive Discipline

as outlined in section 4.4 - 1 of the Agreement. Principal Jozwiak

testified that Ms. Hirsch was mailed a certified copy of the

written reprimand ; however, no evidence was introduced that

Ms. Hirsch actually received a copy of it.

7. Ms. HirschÓs written request for her second family

leave/medical leave of absence without pay ind icated a ÐBeginning

DateÑ of April 17, 2014 , and a ÐReturn DateÑ of

August 11, 2014. Principal Jozwi a k testified that she was

uncertain if Ms. Hirsch would return to Eastside to teach in the

2014 - 2015 school year. 3/ When Principal Jozwiak found out

Ms. Hirsch would return, Ms. Hirsch was assigned to teach a fifth

grade class. 4/

8. Ms. HirschÓs fifth grade classroom was the last portable

on the far end of the school property. Beyond her portable were

private residences separated only by a chain - link fe nce.

Ms. Hirsch felt there were times when her request for assistance

was delayed because of the distance to administrative support

services at the front of the school.

9. Ms. Hirsch had new c urriculum for the fifth grade and a

different teaching method to follow called Common Core.

Ms. Hirsch had difficulty in controlling her class room, and in

utilizing the Common Core teaching method.

10. On September 10 , 2014, Ms. Hirsch participated in an

instructional assistance conference with Principal Jozwiak.

During this conference several aspects of Ms. HirschÓs teaching

techniques were discussed, and seven specific suggestions were

provided to improve her teaching techniques.

11. On October 2, 2014, Principal Jozwiak issued a verbal

warning with a written confirmation (PetitionerÓs Exhibit 5 ) 5/

regarding Ms. HirschÓs professional performance. The verbal

warning reminded Ms. Hirsch of the September 10 conference , and

the suggestions offered to improve her teaching techniques.

Ms. Hirsch was offered contin ued support to improve her teaching

techniques. Ms. Hirsch was put on notice that th e verbal warning

was the first step of Progressive Discipline as outlined in

section 4.4 - 1 of the Agreement.

12. Almost four months later , on January 22, 2015,

Ms. Hirsc h was issued a verbal warning with a written

confirmation regarding her failure to follow the prescribed

[Common Core] pacing schedule and daily plan. Again, Ms. Hirsch

was put on notice that this verbal warning was the first step of

Progressive Disciplin e as outlined in section 4.4 - 1 of the

Agreement. 6/

13. On Friday, February 6, 2015 , Eastside was placed in a

ÐlockdownÑ 7/ after the school day started. Although some students

helped Ms. Hirsch put up the black paper to shield the windows,

the overall cl ass atmosphere was agitated. Students screamed and

ran around the classroom. Eventually the students calmed down;

however, it was difficult to keep them on task that day. The

lockdown ended and the school day progressed. Principal Jozwiak

was unable to recall whether there was a lockdown on February 6.

14. Near the end of the school day , the students became

agitated again, and would not listen or pay attention to

Ms. HirschÓs lesson. Ms. Hirsch turned the lights off and on,

she clapped her hands, and she asked the students to Ðgive me

fiveÑ (which meant the students were to be quiet for five

minutes). The students did not quiet down and Ms. Hirsch became

frustrated.

15. In her frustration, Ms. Hirsch swept a basket off a

shelf right next to her desk . The basket contained four or five

little reader books. When the basket was swept off the shelf,

neither it nor the reader books hit any students. The three

students who testified corroborated Ms. HirschÓs statement that

it was a little basket that was swept off a shelf. Although two

students testified there was nothing in the basket, the third

testified a book almost hit her. No testimony was adduced about

the size of the books, other than Ms. HirschÓs testimony that

they were Ðlittle.Ñ Ms. Hirsch v oiced her frustration by calling

the students Ðdumbasses . Ñ Ms. Hirsch immediately apologized to

the students, and broke down in tears.

16. Principal Jowiak became aware of the language and book

incident at the end of the school day on February 6. Princi pal

Jowiak determined to address the matter on the next school day,

Monday , February 9.

1 7 . On Monday, February 9, Principal Jozwiak contacted the

School BoardÓs human resource department. Upon question in g,

Ms. Hirsch admitted she slid her arm across a bookshelf and

knocked a green and yellow basket off the shelf. In her

frustration with the studentsÓ behavior that day, Ms. Hirsch told

them they were acting like Ðdumbasses . Ñ Principal Jozwiak

obtained written statements from the students in Ms. Hirsch Ós

class. Over the next several days , parents called to complain

and the School Board then conducted an investigation of the

incident.

1 8 . On February 9, Principal Jozwiak wrote Superintendent

Kathyrn LeRoy the following:

On 2/6/15 it was reported to me that

Ms. Hirsch, a teacher at our school, got

angry with her students and threw buckets

full of books off the shelves. While she was

doing this, she called all of her students

Ðdumbasses.Ñ After school on Friday, two

students told another teacher about this

issue. Two parents also called the office to

report this incident. Administration

interviewed all students. They confirmed

that this happened. I have a statement from

the staff member and others, and have

verified that this took place as stated. On

2/9/15, administration asked Ms. Hirsch about

this issue. She admitted to doing all the

above actions.

We have documented on - going shortcomings in

Ms. HirschÓs professionalism as a teacher at

this school. She received a verbal warning

for her failur e to follow the procedural

schedule and plan. A copy of the

documentation for that step of Progressive

Discipline is attached . [8/]

I am of the opinion that Ms. HirschÓs recent

lack of professionalism rises to the level of

serious misconduct and just caus e for further

disciplinary action. Accordingly, pursuant

to Section 4.4 - 1 of the Teacher Collective

Bargaining Agreement , I request that you

consider suspending Ms. Hirsch without pay

for a period of five days in accordance with

the third step of Progress ive Discipline.

( e mphasis supplied) .

1 9 . Approximately 10 days later, Principal Jozwiak had a

meeting with the head of the School BoardÓs human resource

office, an associate superintendent, and her regional associate

superintendent. The decision to ter minate Ms. Hirsch Ós

employment was made based on her admission .

20 . On March 16, 2015, 9/ Superintendent LeRoy wrote

Respondent asserting that the School Board had just cause to

terminate Ms. Hirsch Ós employment based on the following:

On March 6, 2013, yo u received a verbal

warning (Step I) for issues regarding student

safety. You received a verbal warning (Step

I) on March 8, 2014 for excessive

absenteeism. On April 16, 2014 you received

a written reprimand (Step II) for failure to

leave lesson plans wh en required to have a

substitute cover your class. You received a

verbal warning (Step I) on October 2, 2014

due to performance issues. On February 19,

2015 you received a written reprimand (Step

II) for excessive absenteeism.

On February 6, 2015 there was an incident in

your classroom where you became angry with

your students. According to the witness

statements that were collected, during your

agitated state you threw or shoved buckets

full of books off of shelves in the room and

also called your clas s Ðdumbasses.Ñ These

actions violate The Code of Ethics and The

Principles of Professional Conduct of The

Education Profession in Florida (3)(a)ÈÑshall

make reasonable effort to protect the student

from conditions harmful to learning and/or to

the student Ós mental and/or physical health

and/or safetyÑ as well as (3) (e) È Ðshall

not intentionally expose a student to

unnecessary embarrassment or disparagement.Ñ

Based on these findings, it has been

determined that your actions constitute

serious misconduct and that there is Ðjust

causeÑ for your termination as a School Board

employee. You have the right to request a

hearing before the final action is taken by

the School Board on this recommendation.

Such request must be submitted in writing,

addressed to S uperintendent LeRoy, sent to

the attention of Cynthia Sprouse, Office of

Employee Relations, Polk County School Board,

1915 South Floral Avenue, Bartow, Florida

33830 no later than 4:00 p.m. on Wednesday,

March 25, 2015. If you request a hearing,

you will be suspended without pay at the

April 14, 2015 Board Meeting pending the

outcome of the hearing and the School BoardÓs

final action on the Hearing OfficerÓs

Recommended Order.

2 1 . The allegations in this case are set forth above .

Ms. Hirsch is alleged to have received three verbal warnings and

two written reprimands over the course of approximately 23

months. O n February 6, 2015, Ms. Hirsch was alleged to have

thrown Ðor shoved buckets full of books off of shelves in the

[her class] roomÑ in addition to calling her class Ðdumbasses.Ñ

A careful review of the evidence prov es otherwise .

2 2 . While at Dundee Elementary School , Ms. Hirsch received

a verbal warning regarding student safety issues. Although a

March 6, 2013 , letter was submitted into eviden ce to support this

allegation, no direct testimony was received regarding it.

2 3 . Ms. Hirsch was placed at Eastside in January 2014 . N o

testimony was presented about a March 8, 2014 , verbal warning

with written confirmation about Ms. HirschÓs excessive

a bsenteeism. Ms. Hirsch was served (and acknowledged receipt of)

an April 8, 2014 , verbal warning with written confirmation

regarding her excessive absenteeism.

2 4 . The April 16, 2014 , written reprimand identified

Ms. HirschÓs failure to leave adequate s ubstitute lesson plans

when she was absent from school , and was presented as a second

step in the Progressive Discipline scheme. Ms. Hirsch testified

that she always provide d lesson plans when she was absent.

Ms. HirschÓs Exhibit No. 2, an email from Fe bruary 22, 2015,

providing ÐLesson Plans for Week of February 23 - 27Ñ is well after

the alleged incident occurred.

2 5 . In early October 2014 of the next school year ,

Ms. Hirsch received a verbal warning with a written confirmation

regarding her profession al performance. While EastsideÓs

administration was continuing to provide support to Ms. Hirsch,

this verbal warning was considered the first step of Progressive

Discipline. Although a verbal warning with a written

confirmation about Ms. HirschÓs Ðfailur e to follow the prescribed

pacing schedule and daily planÑ was issued on January 22, 2015,

this notification was not within the s uperintendentÓs March 16

letter recommending termination .

2 6 . Further, the s uperintendentÓs use of the verbiage that

Ms. Hirsc h Ðthrew or shoved buckets full of books off of shelves

in the roomÑ is not supported by the evidence presented.

2 7 . There is no doubt that Ms. Hirsch used inappropriate

language with her students. Further, her sweeping the basket off

its shelf was inapp ropriate behavior. Her demeanor and actions

were inconsistent with professional behavior by a teacher.

Petitioner has proven by a preponderance of evidence that there

is just cause to discipline Ms. Hirsch.

CONCLUSIONS OF LAW

2 8 . The Division of Adminis trative Hearings has

jurisdiction over the parties to and the subject matter of this

proceeding. §§ 120.569, 120.57(1), 120.65 , and 1012.33, Fla.

Stat .

2 9 . The School Board is the duly - constituted governing body

of the School District of Polk County. Art . IX, § 4, Fla. Const.;

§§ 1001.30 and 1001.33, Fla. Stat. A district school board has

the statutory authority to adopt rules governing personnel

matters pursuant to sections 1001.42(5), 1012.22(1), and 1012.23.

30 . Petitioner bears the burden to prove t he charges

against Respondent by a preponderance of the evidence. Allen v.

Sch. Bd. of Dade Cnty. , 571 So. 2d 568, 569 (Fla. 3d DCA 1990),

citing Dileo v. Sch. Bd. of Dade Cnty. , 569 So. 2d 883 (Fla. 3d

DCA 1990); McNeill v. Pinellas Cnty. Sch. Bd. , 678 S o. 2d 476,

477 (Fla. 2d DCA 1976); § 120.57(1)(j), Fla. Stat.

3 1 . The preponderance of the evidence standard requires

proof by "the greater weight of the evidence" or evidence that

"more likely than not" tends to prove a certain proposition. See

Gross v. Lyons , 763 So. 2d 276, 280 n.1 (Fla. 2000); see also

Williams v. Eau Claire Pub. Sch. , 397 F.3d 441, 446 (6th Cir.

2005)(holding trial court properly defined the preponderance of

the evidence standard as "such evidence as, when considered and

compared wit h that opposed to it, has more convincing force and

produces . . . [a] belief that what is sought to be proved is

more likely true than not true").

3 2 . In Florida, the district superintendent has the

authority to make recommendations for dismissal of scho ol board

employees, and the school board has the authority to suspend

without pay school board instructional staff with professional

service contracts for "just cause." §§ 1001.42(5),

1012.22(1)(f), and 1012.33(6)(a), Fla. Stat.

3 3 . Just c ause is defined to include misconduct in office.

Section 1012.33(1)(a) provides in pertinent part:

[ J ] ust cause includes, but is not limited to,

the following instances, as defined by rule

of the State Board of Education: immorality,

misconduct in office, incompetency, two

consecutive annual performance evaluation

ratings of unsatisfactory under s. 1012.34,

two annual performance evaluation ratings of

unsatisfactory within a 3 - year period under

s. 1012.34, three consecutive annual

performance evaluation ratings of needs

improvement or a combination of needs

improvement and unsatisfactory under s.

1012.34, gross insubordination, willful

neglect of duty, or being convicted or found

guilty of, or entering a plea of guilty to,

regardless of adjudication of guilt, any

crime in volving moral turpitude.

3 4 . Section 4.4 of the Agreement provides in

pertinent part:

Just Cause: No teacher will be disciplined,

reprimanded, suspended, terminated or

otherwise deprived of fringe benefits or

contractual rights during the term of his/h er

contract without just cause. No teacher

shall be demoted from continuing

contract/professional service contract to

Annual Contract nor be deprived of his/her

contractual salary for the remainder of the

contract year without just cause . . . . Any

teac her terminated during the term of his/her

contract shall be entitled to a fair hearing

based on due process.

3 5 . Section 4.4 - 1 of the Agreement provides for progressive

discipline. (See paragraph 2 above.)

3 6 . As alleged in the superintendentÓs proposed termination

letter, Florida Administrative Code Rule 6A - 10.081 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 thes e principles

shall subject the individual to revocation or

suspension of the individual educatorÓs

certificate, or the other penalties as

provided by law.

(3) Obligation to the student requires that

the individual:

(a) Shall make reasonable effort to p rotect

the student from conditions harmful to

learning and/or to the studentÓs mental

and/or physical health and/or safety.

* * *

(e) Shall not intentionally expose a student

to unnecessary embarrassment or

disparagement.

3 7 . In utilizing the summ ary in the Pr eliminary Statement ,

the following is found :

03.06.13 Verbal warning Step I

Dundee Elementary s tudent safety :

No direct proof provided to support the allegation.

03.08.14 Verbal warning Step I

Eastside Elementary e xcessive absenteeism :

No direct proof provided to support the allegation . (There

was discussion of an April 8, 2014 , v erbal warning, but no

oral motion to correct the charging document.)

04.16.14 Written reprimand Step II

Eastside Elementary f ailure to leave lesson plans :

Proo f provided to support the allegation.

10.02.14 Verbal warning Step I

Eastside Elementary p erformance issues :

Proof provided to support the allegation.

02.09.14 Request ed suspen s i o n without pay for five days in

accordance with the third step of Progress ive Discipline :

Proof provided to support that inappropriate language was

used, but insufficient proof to support the throwing of

buckets full of books off of shelves.

02.19.15 Written reprimand Step II

Eastside Elementary e xcessive absenteeism :

Proof pro vided to support the allegation .

3 8 . The greater weight of the evidence support s a finding

that Ms. Hirsch 's proven actions were in violation of the

standards of conduct to which she was bound. A teacher must not

use inappropriate language in front of students that will

negatively affect the students and her effectiveness or

professionalism as a teacher. However, the evidence did not

support the allegation that Ms. Hirsch threw Ðbuckets full of

books off of shelves.Ñ

3 9 . Ms. HirschÓs actions were not immoral , there was no

gross insubordination or willful neglect of duty, nor was a crime

involved. Further, no teacher evaluations were discussed or

provided.

40 . There is sufficient reason for sanctioning Ms. Hirsch,

but termination of her contract would not be appropriate under

the circumstances. There is no viable rationale for dispensing

with Step III of the P rogressive D iscipline P olicy , as originally

proposed by Principal Jozwiak.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that Petitioner, Polk County School Board ,

suspend Ms. Hirsch for five days without pay .

DONE AND ENTERED this 1st day of September , 2015 , in

Tallahassee, Leon County, Florida.

S

LYNNE A. QUIMBY - PENNOCK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Di vision of Administrative Hearings

this 1st day of September , 2015 .

ENDNOTE S

1/ Three students testified and will be identified in the order

in which they testified as Student 1, 2, or 3.

2/ At the conclusion of the hearing the parties requested 20 da ys

in which to file their proposed recommended orders following the

filing of the transcript . The request was granted.

3/ The documentation received from Ms. Hirsch (RespondentÓs

Exhibit 1, pages 4 through 6) about this requested second leave

o f absence fails to reflect the p rincipal or supervisorÓs

signature , or the approval of the Human Resource Services

representative for the School Board.

4/ Principal Jozwiak testified:

[W]e [the administrators of Eastside] didnÓt

have leave confirmation back for Ms. Hirsch

that she would be coming back to our class,

back to our school until right before school

started last year [2014 - 2015 school year].

So once we did, we placed her in a fifth

grade position because we had filled other

positions. And on medical l eave you just

have to have a position; not necessarily

guaranteed the same position.Ñ

This testimony is at odds with paragraph 11 of the School BoardÓs

Family and Medical Leave Procedures, which states:

Upon return from FMLA leave, the affected

employe e is entitled to be restored to the

same position that the employee held when the

leave started, or to an equivalent position

with equivalent benefits, pay and other terms

and conditions of employment.

5 / PetitionerÓs Exhibit 5 consisted of two pages: th e first being

the verbal warning with a written confirmation; and the second

being a Polk County School District Instructional Assistance

Conference Form. At the bottom of the second page, it is noted

that ÐThe Instructional Assistance Conference is not d isciplinary

in nature and does not take the place of a Professional

Development Plan (PDP) Process.Ñ The two pages are misleading in

that the second page should not be and is not considered a part

of the verbal warning.

6 / This verbal warning was not li sted in the s uperintendentÓs

March 16, 2015 , letter.

7/ Student 2 aptly described a lockdown as:

Like where if like someoneÓs trying to come

and you have to put like these papers up,

like black papers so that they -- they canÓt

see you and then like tur n off the lights and

sit down and be quiet.

8 / The Ðcopy of the documentationÑ was not attached to

PetitionerÓs Exhibit 8, the copy of the letter to the

superintendent.

9 / The second page of Exhibit 10, the s uperintendentÓs letter, is

dated March 12, 2 015. Neither party objected to this Exhibit

being admitted into evidence, thus, the undersigned accepts it as

the proposed termination letter.

COPIES FURNISHED:

Mark S. Herdman, Esquire

Herdman and Sakellarides, P.A.

Suite 110

29605 U.S. Highway 19 North

Clearwater, Florida 33761

(eServed)

Branden M. Vicari, Esquire

Herdman and Sakellarides, P.A.

Suite 110

29605 U.S. Highway 19 North

Clearwater, Florida 33761

(eServed)

Donald H. Wilson, Jr., Esquire

Boswell and Dunlap, LLP

245 South Central Avenu e

Bartow, Florida 33830

(eServed)

Dr. Kathryn LeRoy, Superintendent

Polk County School Board

1915 South Floral Avenue

Bartow, Florida 33830

(eServed)

Matthew Mears, General Counsel

Department of Education

Turlington Building, Suite 1244

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

(eServed)

Pam Stewart, Commissioner

Department of Education

Turlington Building, Suite 1 514

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

(eServed)

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties ha ve 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.