The Villages Charter Middle School

1. The Villages Charter Middle School 450 Village Campus Circle The Villages, FL 32162 November 21, 2009 Mrs. Jane Smiley 225 NE 39th Avenue Summerfield, FL 32163 Dear Mrs. Smiley, You are receiving this letter via certified mail, return receipt requested. This letter will summarize our conference that was held on November 3, 2009, at which Ms. Nielsen and I discussed our concerns regarding your failure to properly supervise students under your supervision.

2. On November 2, 2009, I came to Room 136 and found you not in your classroom. Your students were making an excessive amount of noise and creating a disturbance for surrounding classrooms. Several students were throwing objects around the classroom, running throughout the classroom, and pushing each other. I found you in the teacher’s lounge reading the newspaper and unaware that your students had returned to class. I stated to you my concern for the safety and well being of your students if they were left unattended. You indicated that you shared that concern and that, in the future, you would meet your students upon their return from other activities. I gave you a verbal warning on November 2nd, regarding this matter. I stated that unless you were in your assigned classroom when your students were present, you would be subject to further disciplinary action.

3. On November 16, 2009, two weeks after the verbal warning given to you on November 2, 2009, I again visited your classroom. Once again, your students were in your room unattended. The door to the classroom was open and the noise being made by your students was disturbing nearby classroom teachers. I found you in Mr. Smith’s classroom at the end of the hallway. You told me you were making dinner plans for that evening. This reason for leaving your students unattended is not acceptable because this matter could have been taken care of at a time other than when your presence in your classroom to teach your students was essential to their safety and to the instructional program in this school.

4. Your behavior indicates that you have not complied with my directives by continuing to neglect your duty by leaving your students unattended. You are once again directed to supervise your students pursuant to the established procedures that are found in our policy handbook as follows: 6B-1.006 3(a) The Code of Ethics and Principles of Professional Conduct of the Education Profession in Florida. Additionally, please be advised that under the terms of your annual contract with The Villages Charter School (which does not include a Collaborative Bargaining Agreement), should there be future occurrences whereby you leave students unsupervised, Ms. Nielsen and I will suspend you from your duties with pay until final determination of your employment has been made. At the time of your suspension, we will recommend to the Superintendent of Schools that your employment be terminated as pursuant to Florida State Statutes §1012.33(1)(a) wherein it is stated that employees may be dismissed during the term of their contract for just cause. Just cause as defined by the statutes includes, but

5. is not limited to, willful neglect of duty as a cause for dismissal during the term of an employee’s contract. Should this be necessary, pursuant to Florida Statutes §1012.33(6)(a) you are entitled to request a hearing in writing within 15 days after the receipt of written notice. The school board will conduct a district hearing within 60 days after receipt of written notice, or a hearing will be held by an administrative law judge assigned by the Division of Administrative Hearings and the Department of Management Services. In either instance, the determination of the school board as to insufficiency or sufficiency of the grounds to terminate will be final. Should the school board elect to terminate your contract, the Florida Department of Education will be notified, and the Education Practices Commission may choose to temporarily suspend or permanently revoke your Florida Teaching Certificate pursuant to Florida Statutes §1012.795. Furthermore, in the district court case of Gaylord v. Board of Education, Unified District No. 218, Morton County (1990), the Kansas District Court of Appeals upheld the district’s decision wherein insubordination can be a single incident of willful or intentional disobedience.

6. In closing, you are to consider this a letter of reprimand for your continued violation of our established procedures and The Code of Ethics of the Education Profession in Florida. Sincerely,Stephanie Harman, PrincipalSandy Nielsen, Principalcc: Director of Human Resources

7. Your signature acknowledges receipt of this document only. This letter of reprimand is being placed in your personnel file within the Human Resources Department of the Sumter County School Board. Ten days after the evidence of your knowledge of this correspondence, it will become public record pursuant to the provisions of Florida Statute.I have read this document and understand its contents:__________________________ _________________Employee Signature Date