Commissioner of Education, ~ STATE OF FLORIDA &9 Ion ‘EDUCATION PRACTICES COMMISSION tld / 2 p ; Fit po, 00 TOM GALLAGHER, as Petitioner, 0) O ~ ml / 7 vs. CASE NO. 978-0650-M BENEE L. MILLS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Benee L. Mills. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 231.262-and 231.28, Florida Statutes, and pursuant to Rule 6B-1.006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JU RISDICTION 7 1 ‘The Respondent holds Florida Educator’ s Certificate 3 399766, covering the areas of ° nentally handicapped, ‘and physically impaired, ‘which is valid through June 30, 2001. 2. At all times pertinent hereto, ‘the Respondent was employed a as exceptional s student education social studies teacher at Homestead Middle School, in the Miami-Dade County School : District. 5, On or about June 12, 1997, Respondent received an overall “Unacceptable” "annual , evaluation for the 1996-1997 school year. : hk a li EXECUTED on this yee day of Se HA , 1999. Benee L. Mills Administrative Complaint Page 2 of 2 Because he has received at least two consecutive “Unacceptable” annual evaluations. Respondent is incompetent to hold a Florida Educator’s Certificate in the State of Florida. STATUTORY VIOLATIONS — ~ COUNT 1: The allegations of misconduct set forth herein are in Violation of Section 231.28(1)(b), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. ; ; COUNT 2: The allegations of misconduct set forth herein are in Violation of Section ~~ 231.28(1)(), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct _for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS _ COUNT 3: The allegations of misconduct set forth herein are in Violation of Rule 6B- 1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical safety. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), ~~" Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized __.. Scope of practice; administrative fine, suspension of the teaching certificate not to exceed three years, permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. Commissioner of Education, State of Florida

Docket for Case No: 00-000217