BEFORE THE OFFICE OF STATE ADMINISTRATIVE HEARINGS, STATE OF GEORGIA CINDY KING WILLIAMS, Petitioner, Docket No.: 1840572 1840572-OSAH-PSC-SAN-65-Brown Agency Reference No.: 16-11-717, PROFESSIONAL STANDARDS COMMISSION, Respondent. FINAL DECISION F I. Lytropuction Petitioner, Cindy King Williams, appeals the proposed decision of the Professional Standards Commission (“the Commission”) to suspend her educator certificate for two years. The hearing in this matter was held before the undersigned Administrative Law Judge on September 12, 2018," at the ‘Thomas County Courthouse in Thomasville, Georgia. Julie Oinonen, Esq., represented Petitioner in this matter, and Rebecca Mick, Senior Assistant Attorney General, represented the Commission. After careful consideration of all the evidence of record in this case, and for the reasons stated below, the Court REVERSES the Commission’s decision to sanetion Petitioner's educator certificate. I. FLnDINGs OF Fact 1. Petitioner holds an educator certificate issued by the Commission and held such certificate at all times relevant to this matter. (Statement of Matters Asserted). 2. During the 2015-2016 school year, Petitioner’s daughter, Lydia Williams (hereinafter “Lydia”), was a sophomore at Cairo High School, which is in the Grady County School System. (Tr. 258: 5-9). " At the close of the hearing, the Court permitted the partes to file written closing arguments. The partes filed such closing arguments on October 4, 2018, whereupon the record closed. * Petitioner moved to introduce the results of a polygraph examination administered to Petitioner after the events at issue The Court indicated that it would rule on the admissibility of the polygraph results at a later date, Based on a review of Georgia caselaw, the Court concludes that results ofthe polygraph examination are inadmissible and Petitioner's motion is. therefore DENIED, See Parfenuk v. State, 338 Ga, App. 95, 98 (2016)Julie York was assigned to be her guidance counselor that year. (Tr. 332: 7-12; Petitioner's Exhibit 14). 3. Cairo High School offered courses in a “block schedule.” (Tr. 120: 7-11, 46: 3-14). In a block schedule, students completed four subjects, each with classes that were longer in duration than those in a typical schedule, per semester. (Id,) By taking a block schedule, students could complete traditionally year-long courses in one semester. (Id.) 4. Cairo High School also offered computer-based courses through its “virtual school” program, which used software called “Odysseyware.” (Tr. 103: 9-11). Students taking virtual school courses completed classwork on computer stations in the school library. (Tr. 103: 3-8). Although the director of the program was the teacher of record for classes in the virtual school program, the students completed their work independently and without the assistance of an instruetor. (Jd.; Tr. 63). The only in-person contact students in the virtual school program had during their lessons was a media specialist. (Tr. 103: 3-8). 5. Odysseyware was not directly compatible with block scheduling; it did not contemplate completion of traditionally year-long courses in one semester. (Tr. 121: 11-23). Consequently, Odysseyware records sometimes reflected that students were expected to complete courses contemporaneously during a single school year, when in fact the courses would be split between semesters. (Tr. 122) 6. Lydia enrolled in French I and French IT in the 2015-2016 school year. (Tr. 122; Petitioner's Exhibits 2, 3, 14). Both courses were offered through the virtual school program. (Id.) Traditionally, French I and French Il are year-long courses. (Petitioner's Exhibits 2, 3). However, because Lydia was on a block schedule, she was expected to complete French I in the fall semester and French I in the spring semester. (Tr. 123: 1-3). At the time, Assistant Principal Michael Best was the director ofthe virtual school program and the teacher of record for Lydia’s French I and II virtual school classes. (Tr. 119: 16-17). 7. Atthe conclusion of the fall semester, Lydia had not yet completed French I, (Tr. 124; 10-12). However, she was permitted to complete French I the following semester (i.e., spring 2016). (Tr. 125— 26; 263: 6-16; Petitioner's Exhibit 4). 8. In April 2016, Petitioner and her husband met with Mr. Best and Ms. York because Lydia still had not completed French I. (Tr. 125:12-25; Petitioner's Exhibit 14). At the hearing, Mr. Best and Petitioner offered differing accounts of the understanding they reached regarding how Lydia was to complete her French coursework. According to Mr. Best, he told Petitioner that Lydia should complete French I and begin French I assignments during the spring semester and then complete French Il over the summer. (Tr. 125-26). However, based on her communications with Mr. Best and Ms. York, Petitioner understood that Lydia was to complete French I during spring semester and begin French IT the following school year (2016-2017). (Tr. 287: 10-12, 319: 2-6: Petitioner's Exhibit 14). 9. Mr. Best testified that he spoke with Lydia personally regarding French I. Specifically, Mr. Best testified that, after it became apparent Lydia would not complete French I as scheduled, he directed her to complete the course over the holiday break. (Tr. 124: 22-25). However, in her testimony, Lydia denied that this conversation took place, or that she ever met with Mr. Best. (Tr. 274: 11-22). Rather, Lydia testified, she brought her concerns regarding French | to Jenny Harrison, the media specialist. (Tr. 262: 2-3). According to Lydia, Ms. Harrison instructed her to complete French | during the 2015-2016 school year and then complete French II the following school year. (Tr. 263: 6- 16). 10. Lydia completed her final French I assignment on May 16, 2016. (Petitioner's Exhibit 2). » Petitioner was not an employce of Cairo High School or the Grady County School System at the time. (Tr. 131: 19-24),