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School board amends suspension to paid leave for teacher pending termination hearing

Brevard Public School Board · March 11, 2026
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Summary

Brevard Public School Board voted March 10, 2026 to place an instructional employee on paid leave until a termination hearing set for March 31; the decision followed heated debate about mandatory reporting, a district press release, and calls for consistent discipline across staff.

The Brevard Public School Board voted on March 10, 2026 to place an instructional employee on paid leave while a termination hearing is scheduled to proceed at the end of the month. The action followed more than an hour of public comment, attorney statements and board debate about due process and consistency in disciplinary practice.

During public comment, Mark Lavine, an attorney representing the employee identified in the district packet as Daniel "Dan" Bennett, said agencies had cleared his client and criticized the district’s press release. “The Department of Children and Families has cleared Mr. Bennett and as of 4:30 yesterday the sheriff’s department in Brevard County has cleared Mr. Bennett,” Lavine told the board, urging that the district not use the staff action to ‘‘embarrass a 32‑year employee.’’

Board members framed their deliberations around two points: protecting students and ensuring a fair, consistent process for employees. Legal counsel Paul Gibbs explained the hearing process and remedies: “If he were to prevail at the hearing, he would get back pay,” Gibbs said, summarizing how any post‑hearing outcome could affect compensation.

Several board members emphasized that teachers are mandatory reporters and discussed whether staff who were present met that obligation. Members also expressed frustration about a district press release that some said created unnecessary publicity. One member urged that the board not act until summaries from DCF and the sheriff’s office were placed in the record; others said the board must make a decision today to remove the employee from the classroom while the process unfolds.

After discussion, a motion to alter the existing suspension language and make the employee’s leave paid until the board considers the termination recommendation at the March 31 hearing passed on a roll call vote. The board recorded a majority vote in favor; the motion as amended carried and the employee will remain on paid leave through the scheduled hearing unless the board acts sooner.

The motion on the agenda was listed as “suspension of instructional employee” (item 18 on the consent agenda); the board removed item 18 from the consent agenda for separate consideration before approving it as amended. The administration and legal counsel said the March 31 hearing is the next procedural step and that any back pay would be determined according to the hearing’s result.

What the board did not decide today: final discipline or termination. The vote implements an administrative leave arrangement pending the hearing and collection of investigatory records; board members said they expect additional documents (the DCF summary and any final police reports) to be included in the hearing record.

The board’s action preserves the employee’s pay while the formal termination process moves forward and underscores the district’s intent to balance student safety with due process for staff.