ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

improved the rating to letter C. However, D’Angelo felt that true improvement could not occur
without greater flexibility and funding. D’Angelo set his sights on converting Kathleen to charter
status. Based on Fla. Stat. § 1002.33(3)(b), charter school conversion can be applied for by the
district school board, principal, teachers, parents, and/or school advisory councils. D’Angelo
implemented a school-wide initiative to research the shift from a normal public school to a
charter school. D’Angelo and teachers attended seminars and conferences and spoke with
various other high schools that had converted to charter school status during the Spring of 2003.
D’Angelo explained that it was his most important responsibility as the principal of Kathleen to
do all he could to provide the best possible educational experience. If he did not, then he was not
fulfilling the role of the principal. Those words would ultimately doom this cause.
To successfully complete the charter conversion, D’Angelo had to sway at least 50% of
the Kathleen faculty to vote for conversion. At their first vote in April 2004, D’Angelo did not
carry enough votes. He promptly redirected his efforts to establish a portion of the school as a
charter school. His attempts were interrupted. On April 19, D’Angelo was contacted by the
superintendent who expressed dissatisfaction with D’Angelo’s insistence on going forward with
the charter process. The superintendent also explained that members of the board were not overly
happy about D’Angelo’s charter initiative. On April 30, 2003, D’Angelo received his annual
evaluation, which ranked his performance as highly commendable. On May 3, 2003, D’Angelo
was terminated.
D’Angelo promptly filed a complaint with the Florida Department of Education (DOE)
citing that no school board can retaliate against a school employee for involvement with a charter
application pursuant to Fla. Stat. § 1002.33(4). The DOE found no direct connection from
D’Angelo’s termination to his involvement with the charter conversion process. D’Angelo then
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