Tennessee State Board of Education Agenda April 10, 2015 Teacher Licensure Actions: VI. A. M. Teacher Licensure Actions: Denials, Formal Reprimands, Suspensions, Revocations and Restorations The Background: Formal Reprimand, Denial



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Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. A.-M.

Teacher Licensure Actions: Denials, Formal Reprimands, Suspensions, Revocations and Restorations

The Background:
Formal Reprimand, Denial, Suspension or Revocation:
Pursuant to State Board of Education Rule 0520-2-4-.01(9)(b):
The State Board of Education may revoke, suspend, reprimand formally or refuse to issue or renew a license for the following reasons:
1. Conviction of a felony,

2. Conviction of possession of narcotics,

3. Being on school premises or at a school-related activity involving students while documented as being under the influence of, possessing or consuming alcohol or illegal drugs,

4. Falsification or alteration of a license or documentation required for licensure,

5. Denial, suspension or revocation of a license or certificate in another jurisdiction for reasons which would justify denial, suspension or revocation under this rule, or

6. Other good cause. Other good cause shall be construed to include noncompliance with security guidelines for TCAP or successor tests pursuant to T.C.A. § 49-1-607, default on a student loan pursuant to T.C.A. § 49-5-108(d)(2) or failure to report under part (e).


For purposes of this part (b), “conviction” includes conviction on a plea of guilty, a plea of nolo contendere or an order granting pre-trial or judicial diversion.
A person whose license has been denied, suspended or revoked may not serve as a volunteer or be employed, directly or indirectly, as an educator, paraprofessional, aide, substitute teacher or in any other position during the period of the denial, suspension or revocation.

Restoration:
Pursuant to State Board of Education Rule 0520-2-4-.01(9)(c):
A person whose license has been denied, suspended or revoked under parts (a) or (b) may apply to the Board to have the license issued or restored upon application showing that the cause for denial, suspension or revocation no longer exists and that the person has complied with any terms imposed in the order of denial or revocation. In the case of a felony conviction, before an application will be considered, the person must also show that any sentence imposed, including any pre-trial diversion or probationary period has been completed. Application for such issuance or restoration shall be made to the Office of Teacher Licensing and shall be voted on at a regularly scheduled meeting of the State Board of Education. Nothing in this section is intended to guarantee restoration of a license.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
Board action is required. Counsel to the Board recommends approval of the attached orders imposing the discipline noted below.


  1. Cunningham, Carrie L. – Revocation

  2. Glass, Mickey Charles – Revocation

  3. Haynes, William S. – Restoration

  4. Kielau, Patisa – Formal Reprimand

  5. Marlow, Derek – Restoration

  6. Mitchell, Franklin Roy – Revocation

  7. Moody, Barry – Revocation, concurrent

  8. Item Removed at Meeting

  9. Item Removed at Meeting

  10. Item Removed at Meeting

  11. Snyder, Edward B. – Suspension, one (1) year

  12. Thompson, Patrick O. – Restoration

  13. Walker, David Michael – Suspension, concurrent

Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. A.

Carrie L. Cunningham

Revocation

The Background:
Allegation: On May 16, 2014, Ms. Cunningham pled guilty to soliciting sexual exploitation of a minor, a Class E felony. As a result of this conviction, Ms. Cunningham is required to register as a sexual offender in Tennessee.
Status: Respondent was notified by certified mail of the Board’s intent to revoke her license based upon these findings, and of her right to a hearing. Respondent received notice but did not request a hearing.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
Respondent’s conduct constitutes grounds for license revocation, suspension, or formal reprimand pursuant to Board Rule 0520-2-4-.01(9)(b)(1).
The Board staff review committee recommends revocation of Respondent’s teaching license.
Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. B.

Mickey Charles Glass

Revocation

The Background:
Allegation: Mr. Glass pled guilty to two (2) felony counts of theft of property in the first degree. As a result, the Alabama Department of Education proposed revoking his license; however the U.S. Postal Service returned its attempts to serve notice. Consequently, his Alabama license was suspended until his “whereabouts become known.”
Status: Respondent was notified by certified mail of the Board’s intent to revoke his license based upon these findings, and of his right to a hearing. Respondent received notice but did not request a hearing.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
Respondent’s conduct constitutes grounds for license revocation, suspension, or formal reprimand pursuant to Board Rule 0520-2-4-.01(9)(b)(1) and (5).
The Board staff review committee recommends revocation of Respondent’s teaching license.

Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. C.

William S. Haynes

Restoration

The Background:
Allegation: In July 2007, Mr. Haynes pled guilty to statutory rape, a Class E felony.
Status: In November 2007, the State Board revoked Mr. Haynes’ teaching license based upon his felony conviction. In 2011, the Criminal Court of Franklin County dismissed the statutory rape charge and expunged the records of the prosecution. In 2012, the State Board denied his application for reinstatement. In 2014, Mr. Haynes filed a motion for summary judgment in the Chancery Court for Davidson County seeking declaratory judgment on the restoration of his license. On the advice of counsel at the Attorney General’s Office, the State Board review committee proposes restoration.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
The Board staff review committee recommends granting the restoration request.


Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. D.

Patisa Kielau

Formal Reprimand

The Background:
Allegation: Ms. Kielau breached test security by thumbing through the test book prior to administration of the exam and asking the proctor if she was pronouncing certain words correctly.
Status: Respondent was notified by certified mail of the Board’s intent to formally reprimand her license, based upon these findings, and of her right to a hearing. Respondent received notice but did not request a hearing.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
Respondent’s conduct constitutes grounds for license revocation, suspension, or formal reprimand pursuant to Board Rule 0520-02-04-.01(9)(b)(6).
The Board staff review committee recommends formally reprimanding Respondent’s teaching license.


Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. E.

Derek Marlow

Restoration

The Background:
Allegation: Mr. Marlow was accused of inappropriate contact with a student. An investigation revealed extensive text messaging between Mr. Marlow and the minor student.
Status: In July 2010, the State Board revoked Mr. Marlow’s teaching license with the condition that he could apply for restoration after three years. On August 19, 2014, the alleged victim contacted our office to recant her previous allegations and provided a statement that nothing inappropriate occurred.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
The Board staff review committee recommends granting the restoration request. The student’s (redacted) statement, a petition from Mr. Marlow and supporting materials are attached.
Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. F.

Franklin Roy Mitchell

Revocation

The Background:
Allegation: Mr. Mitchell pled guilty to solicitation of a minor in the Criminal Court for Madison County, Tennessee.
Status: Respondent was notified by certified mail of the Board’s intent to revoke his license, based upon these findings, and of his right to a hearing. Respondent received notice but did not request a hearing.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
Respondent’s conduct constitutes grounds for license revocation, suspension, or formal reprimand pursuant to Board Rule 0520-02-04-.01(9)(b)(6).
The Board staff review committee recommends revocation of Respondent’s teaching license.
Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. G.

Barry Moody

Revocation, Concurrent

The Background:
Allegation: Mr. Moody’s license was revoked in North Carolina for a pattern of unacceptable interactions with students.
Status: Respondent was notified by certified mail of the Board’s intent to revoke his license based upon these findings, and of his right to a hearing. Respondent received notice but did not request a hearing.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
Respondent’s conduct constitutes grounds for license revocation, suspension, or formal reprimand pursuant to Board Rule 0520-2-4-.01(9)(b)(6).
The Board staff review committee recommends revoking Respondent’s teaching license concurrent with the North Carolina revocation.
Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. H.

ITEM REMOVED AT MEETING

The Background:


The Fiscal Analysis Impact:


The Recommendation:


Tennessee State Board of Education Agenda



April 10, 2015 Teacher Licensure Actions: VI. I.

ITEM REMOVED AT MEETING

The Background:


The Fiscal Analysis Impact:


The Recommendation:


Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. J.

ITEM REMOVED AT MEETING

The Background:


The Fiscal Analysis Impact:


The Recommendation:

Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. K.

Edward B. Snyder

Suspension, One (1) year

The Background:
Allegation: Mr. Snyder made an explicit photograph of himself while on school property during the school day.
Status: Respondent was notified by certified mail of the Board’s intent to suspend his license based upon these findings, and of his right to a hearing. Respondent received notice but did not request a hearing.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
Respondent’s conduct constitutes grounds for license revocation, suspension, or formal reprimand pursuant to Board Rule 0520-2-4-.01(9)(b)(6).
The Board staff review committee recommends suspension of Respondent’s teaching license for one (1) year.


Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. L.

Patrick O. Thompson

Restoration

The Background:
Allegation: Mr. Thompson pled guilty to attempted possession of cocaine greater than .5 grams.
Status: In August 2011, the State Board revoked Mr. Thompson’s teaching license “until the terms of his sentence are complete”. Mr. Thompson has successfully completed his sentence and paid all court costs.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
The Board staff review committee recommends granting the restoration request. A petition from Mr. Thompson and supporting materials are attached.

Tennessee State Board of Education Agenda

April 10, 2015 Teacher Licensure Actions: VI. M.

David Michael Walker

Suspension, Concurrent

The Background:
Allegation: Mr. Walker’s license was suspended in Arkansas for fiscal impropriety.
Status: Respondent was notified by certified mail of the Board’s intent to suspend his license based upon these findings, and of his right to a hearing. Respondent received notice but did not request a hearing.

The Fiscal Analysis Impact:
This item has no financial impact on an LEA.

The Recommendation:
Respondent’s conduct constitutes grounds for license revocation, suspension, or formal reprimand pursuant to Board Rule 0520-2-4-.01(9)(b)(5).
The Board staff review committee recommends suspension of Respondent’s teaching license concurrent with the Arkansas suspension.


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