Volusia board accepts ALJ recommendation and reinstates teacher after contested termination hearing

The Volusia County School Board voted Nov. 18 to accept an administrative law judge's recommendation to reinstate teacher Jerry Simon, concluding a full public hearing on a district recommendation to terminate his employment.

The decision came after lawyers for both sides presented competing accounts about an incident investigators described as a physical interaction with an 8-year-old student at George Marks Elementary. District counsel Sasha Dyson summarized the Department of Children and Families (DCF) investigation, saying DCF produced "verified findings" that the teacher grabbed and threw the child to the floor and that the child's interviews and a parent witness, Katie Nunez, gave consistent accounts supporting those findings. Dyson told the board the district investigated, sought a statement from Simon and recommended termination when staff believed the conduct violated district policy and professional standards.

The ALJ who presided over the contested DOAH hearing recommended reinstatement. Anthony Duran, representing Simon, told the board the case was essentially a "factual dispute" and that the ALJ had the opportunity to hear witnesses and evaluate credibility. Duran said the ALJ's recommendation was supported by the record and cited precedent requiring deference to an ALJ's factual findings when supported by competent, substantial evidence.

Public comment was heavily weighted in favor of Simon. Several former colleagues and community members described Simon as a longtime district employee and urged the board to accept the ALJ's order. "He is the most calm person with a demeanor," said Laura Hord, an ESE teacher who worked with Simon, speaking in support. Other commenters warned that overturning the ALJ's finding would undercut due process for employees who use the administrative hearing provided by statute.

Board members questioned attorneys on process, prior counseling or discipline and whether the district's investigation had had access to all evidence before staff recommended termination. Multiple board members noted that the ALJ's written recommendation concluded the petitioner failed to prove just cause and recommended reinstatement. After board deliberation a motion to accept the ALJ's recommended order passed by voice vote.

The action reverses an earlier personnel action on the same case that had been approved earlier in the meeting as a separate consent item. Following the board vote, the meeting recessed for a break and the board indicated next procedural steps would follow through the board attorney's office to implement the order.

Why it matters: The board's decision balances district concerns about student safety and DCF's verified findings with the administrative process that found insufficient cause to terminate. The vote underscores that the school board, not the ALJ, makes the final administrative decision but also that courts often defer to ALJ credibility findings when supported by evidence.

The board did not provide a roll-call tally in the public transcript; the action was reported as passing by voice vote.