ue sug at yt i 40 STATE OF ALABAMA DEPARTMENT OF EDUCATION August 29, 2016 CERTIFIED LETTER 91.7108 2133 3936 5348 4666; RETURN RECEIPT REQUESTED Mr. Jeff Foshee Dear Mr Foshe Under Ala, Code § 16-23-5(a) (1975), "the State Superintendent of Education may revoke any certificate issued under this chapter when the holder has been guilty of immoral conduct or ‘unbecoming or indecent behavior." Alabama Administrative Code, r.290-3-2.04 (2016), further allows the State Superintendent to refuse to issue, to suspend, to recall a certificate, or to impose other sanctions against a certificate holder for just cause. [have attached a copy ofthe statute and rule for your information. Pursuant to the above authorities, you are hereby notified of the Alabama State Department of Education's proposed action, up to and including the revocation and non-renewal of your ‘Alabama Professional Educator Certification ("Certification"). This proposed action applies to any and all certification or licensure issued to you by the Alabama State Department of Education or the Alabama State Superintendent of Education. The proposed action is based upon the following. reasons: 1. During the spring semester of 2016, while you were employed by the Eimore County Board of Education, you acted in a way that is immoral, unbecoming, and Indecent for an educator when you offered to pay, and did pay, Abby Butler, a teacher, at least $300 to ensure that a student football player, would pass his lasses. 2 Your misconduct occurred over several months, beginning in approximately April of2016, ‘when you told Ms, Butler that you would pay her $500 ifshe helped to pass his classes and to not attend summer school, You later offered her a lesser amount of money and, purportedly, sex or a sex ac, ifshe would help 3. Yourmotive appears tohayebeen tohelptokeep eligible for participation in high schoo! athletics and to thereby help the high school football eam that you coached, 4 Onorabout May 26,2016, after Ms. Butlertold you that, had passed his classes, you paid her $300 in the presence of other coworkers, 5. Onor about june 22, 2016, as a result of your actions and those of Ms, Butler, Stanhope Elmore High School was assessed a fine of $300 and placed on probation for one year by the Alabama High School Athletic Association. Mocroounny, ALAnau 361382101 + Tearione 3 24.9700 + Wea art wmaMr. Jeff Foshee Page 2 August 29, 2016 6 On or about September 29, 2014, you took a voluntary unpaid suspension from your employment for using profane language towards a student. 7. This action is brought based upon the facts and circumstances underlying and giving rise to the conduct referenced. ouhave fol (3) resp. 1. Youare entitied to request an administrative hearing concerning the proposed action against your Certification, Ifyou desire a hearing: A, You must send a written request for a hearing, B. Please include your current telephone number and email address C. Your written request must be postmarked no later than fifteen (15) calendar days after your receiptof this notice. 2. You are entitled to submit a written response to this notice for consideration by the Alabama State Superintendent of Education. ‘fyou.submita written response: A. Your written response must be postmarked no later than fifteen (15) calendar days after your receiptof this notice, B, Please include your current telephone number and email address, CC. Youwill waive your right toa hearing in this matter. 3, You may voluntarily surrender your Certification. ‘A. Thesurrender of your Certification must be postmarked no later than fifteen (15) calendar daysafter your receipt ofthis notice. B Youwill waive your righttoa hearing inthis matter and the right to apply for renewal or reinstatement of your Certification. You must complete and return the attached form, D. Please include your current telephone number and emall address. ‘The purpose ofa hearingor of your written response's to give you an opportunity to respond and present any relevant facts and/or circumstances surrounding the listed reasons forthe proposed action against your Certification, Send your request for a hearing, your written response, or the form surrendering your Certification to: Alabama State Department of Education Office of General Counsel Post Office Box 302101 Montgomery, Alabama 36130-2101 Ifyou do not request a hearing or submit a written response within fifteen (15) calendar days ofthe receipt of this letter, you will have waived your right to a hearing, and the matter will be reviewed by the Alabama State Superintendent of Education. A decision may be issued at that time ‘without input from you or your attorney.Mr. JeftFoshee Page 3 ‘August 29,2026 Ifyou request a hearing, a hearing officer willbe appointed to preside over this matter. He or she will notify you of the time and date of your hearing, At your option and expense, you may be represented by an attorney of your choice. Following your hearing the hearing officer will submit written recommendation to the State Superintendent, who will consider that recommendation along with the entire administrative record when making the final decision in this case. Sincerely, Abou. A. Shavon H. Cummings Coordinator, Educator Certification State Certification Officer Office of Teaching and Leading SHC/IRW/JEA/VMW Attachments ce: Dr. André L. Harrison, Superintendent, Elmore County School System ‘Mr. james R. Ward Il, Alabama State Department of Education, Office of General Counseltiga ro. Pro rom STATE OF ALABAMA DEPARTMENT OF EDUCATION i cian 5a ‘Si operon August 29, 2016 CERTIFIED LETTER 91 7108 2133 3936 5348 4659; RETURN RECEIPT REQUESTED Ms. Abby Butler ' em Dear Ms. Butler: Under Ala, Code § 16-23-5(a) (1975), “[the State Superintendent of Education may revoke any certificate issued under this chapter when the holder has been guilty of immoral conduct oF ‘unbecoming or indecent behavior.” Alabama Administrative Code, r. 290-3-2-.04 (2016), further allows the State Superintendent to refuse to issue, to suspend, to recall a certificate, or to impose other sanctions against.a certificate holder for just cause. [have attached a copy of thestatute and. tule for your information. Pursuant to the above authorities, you are hereby notified ofthe Alabama State Department of Education's proposed action, up to and including the revocation and non-renewal of your Alabama Professional Educator Certification (Certification”). This proposed action applies to any and all certification or licensure issued to you by the Alabama State Department of Education or the Alabama State Superintendent of Education, The proposed action is based upon the following reasons: 1. During youremployment with the Elmore County Board of Education and during the spring semester of 2016, you acted in a way that is immoral, unbecoming, and indecent for an educator when you improperly tookatleastonetestfor (astudentand a football player), {in exchange for money or other favors from Jeff Foshee, the Stanhope Elmore High School football coach and fellow educator. 2 Yourmisconduct occurred over several months, beginningin approximately April of 2016, ‘when you were told by Mr: Foshee that he would pay you $500 ifyouhelped to passhis dlasses and to not attend summer school. You did not report Mr. Foshee's solictation to your supervisor, to your local superintendent, to the Alabama State Department of Education, or tothe Alabama State Bthies Commission, 3. On or about May 24, 2016, you administered final exams to, the student. During that time you personally answered the test questions on at least the English and Science test, mother words, you wrongfully and intentionally did the student's workcon several exams. 4. During the same final exams you also provided accommodations to. that were not authorized by his 2015-2016 Individualized Education Plan (IEP). “Taamuone 020)2429700 + Wen wre wmaMs. Abby Butler Page 2 ‘August 29, 2016 Onorabout Thursday, May 26,2016, after the student's grades were entered, you contacted Mr. Foshee and told him that because had passed his classes you wanted Mr. Foshee to pay you, Later that day you accepted approximately $300 from Mr. Foshee ata restaurant {n the presence of some of your coworkers. You did not immediately reject or return the money, or contact your supervisors, the Alabama State Department of Education, or the Alabama State Ethics Commission, about Mr. Foshee's payment. 6 School records indicate that you may have also improperly taken exams for other students C 7} n or about June 22, 2016, as a result of your actions and those of Mr. Foshee, Stanhope Elmore High School was assessed a fine of $300 and placed on probation for one year by the Alabama High School Athletic Association, 8 On or about December 14, 2010, you received a letter of concern from your local school system officals regarding an incident wherein you failed to report a suspected {inappropriate relationship between a school employee and a student. 9, This action is brought based upon the facts and circumstances underlying and giving rise the conductreferenced. ‘Youare entitled to request an administrative hearing concerning the proposed action against your Certification. ‘A. Youmustsend a written request fora hearing. B, Please include your current telephone number and email address. C Your written request must be postmarked no later than fifteen (15) calendar days after your receipt of this notice, 2 You are entiled to submit a written response to this notice for consideration by the Alabama State Superintendent of Education. ‘you submit awritten response: ‘A. Your written response must be postmarked no later than fifteen (15) calendar days after your receipt of this notice. B Please inchide your current telephone number and email address. CYouwill waive your rightto a hearing in this matter, 3. You may voluntarily surrender your Certification. Ifyou voluntarily surrender your Certification: ‘A. Thesurrender of your Certification must be postmarked no later than fifteen (15) calendar days after your recetpt of this notice. B, Youwill waive your right to a hearing inthis matter and the right to apply for renewal orreinstatement of your Certification. . Youmust complete and return the attached form. D. Please include your current telephone number and emall address. ‘The purpose of ahearing or of your written responseisto give you an opportunity to respond and present any relevant facts and or circumstances surrounding the listed reasons for the proposed ‘action against your Certification,Ms. Abby Butler Page 3 ‘August 29, 2016 Send your request for a hearing, your written response, or the form surrendering your Certification to: ‘Alabama State Department of Education Office of General Counsel Post Office Box 302101. Montgomery, Alabama 36130-2101 Ifyou do not request a hearing or submit a written response within fifteen (15) calendar days ofthe recelpt of this letter, you will have waived your right to a hearing, and the matter will be reviewed by the Alabama State Superintendent of Education, A decision may beissued at that time ‘without input from you or your-attorney. Ifyou request a hearing, a hearing oficer will be appointed to preside over this matter, He or she will notify you of the time and date of your hearing, At your option and expense, you may be represented by an attorney of your choice, Following your hearing, the hearing officer will submit written recommendation to the State Superintendent, who will consider that recommendation along withthe entire administrative record when making the final decision in this case. Sincerely, Abou. N.C Shavon H. Cummings (Coordinator, Educator Certification ‘State Certification Officer Office of Teachingand Leading ‘SHC/JRW/JEA/VMW Attachments ce: Dr.André L. Harrison, Superintendent, Elmore County School System ‘Mr. James R. Ward Il, Alabama State Department of Education, Office of General Counsel