Agenda Item #46
Title
Approval of Recommended Order Rendered by the Administrative Law Judge, with the Exceptions as set forth by the Superintendent, filed on April 11, 2012, Entering a Final Order Terminating the Employment of Donna Holloway Effective May 15, 2012 - p.66
Executive Summary
Holloway has been employed with the School District of Manatee County since August 22, 1990. She is currently on suspension without pay from her position as a Pre-Kindergarten Exceptional Student Education teacher at Freedom Elementary School.
On February 7 and 8, 2012, this matter was heard by Honorable R. Bruce McKibben, an Administrative Law Judge (“ALJ”) with the Division of Administrative Hearings. On March 27, 2012, the ALJ entered a Recommended Order which included specific Findings of Facts and Conclusions of Law. In his Recommended Order, the ALJ found that Holloway violated policy 6.2(2)(B)(2) based on her excessive absences; violated rule 6B-4.009(4) and policy 6.11 based on her gross insubordination when she intentionally refused to obey direct orders concerning her absence from class and completion of her work; and violated rule 6B-4.009(1)(a) based upon her repeated failures to perform her duties, including, the timely and accurate completion of Individual Education Plans for Students with Disabilities. The ALJ further found that the School Board proved by a preponderance of the competent, substantial and credible evidence that there is just cause for Holloway’s discipline, recommending that the Board enter a Final Order dismissing Holloway from her employment.
On April 11, 2012, the Superintendent filed his exceptions to the Recommended Order. On April 12, 2012, Holloway filed her exceptions to the Recommended Order. On April 23, 2012, Holloway filed her response to the Superintendent’s exceptions and on April 24, 2012, the Superintendent filed his response to Holloway’s exceptions.
The Board must consider the ALJ’s Recommended Order, the exceptions to such Recommended Order filed by both parties in this matter, together with their respective responses thereto and enter a Final Order. The attorneys representing the parties will each have fifteen (15) minutes to address the Board regarding their respective positions. The Superintendent’s attorney will go first and may reserve time for rebuttal. The Board will vote on a Final Order.
Recommendation
Reject Holloway’s exceptions to the Recommended Order and Holloway’s response to the Superintendent’s exceptions to such Order and adopt the Recommended Order rendered by the Administrative Law Judge, with the exceptions as set forth by the Superintendent, filed on April 11, 2012, entering a Final Order terminating the employment of Donna Holloway, effective May 15, 2012.
Financial Impact
None
Contact
Legal Department
Erin G. Jackson/mjb
05/14/12
Attachment: HOLLOWAY Recommended Order 032912.pdf
Attachment: HOLLOWAY Petitioners Exceptions to Recommended Order 041112.pdf
Attachment: HOLLOWAY Respondent's Exceptions to the Recommended Order 041212.pdf
Attachment: HOLLOWAY - Petitioner's Response to Respondent's Exceptions 042312.pdf
Attachment: HOLLOWAY Respondent's Response to Petitioner's Exceptions 042312.pdf