7 co ww) | STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, vs. CASE NO. 989-0107-M DONALD E, KEE, Respondent. / i ADMINISTRATIVE COMPLAINT pee OPAL SEMEL ES Ne tt ASS an Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Donald E. Kee. 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: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 400890, covering the areas of ; Early Childhood and Elementary Education, which is valid through June 30, 2001. 2. Atall times pertinen hereto, the ent was employed as a 2nd Grade teacher at Opa-Locka Elementary School, in the Dade County School District. MWA, ee MATERIAL ALLEGATIONS 3. On or about January 16, 1998, the Respondent was placed on probation by the Education Practices Commission for three years. A requirement of the probation was. that Respondent perform his duties in an acceptable manner. On or about January 28, 1998, Respondent failed to “perform his duties in an acceptable manner when he used inappropriate discipline techniques by striking several boys with several rulers taped together. Respondent accordingly violated his probationwith the Educational Practices Commission. Donald E. Kee Administrative Complaint Page 2 of 2 4. On or about January 38 ,1998, Respondent used inappropriate discipline techniques by striking several boys with several rulers taped together as discipline for misbehavior. The use of corporal punishment by Mr. Kee was unauthorized and he therefore violated school policies. STATUTORY VIOLATIONS 21 ee eee _ COUNT 1: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(i), 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 2: The allegations of misconduct set forth herein are 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. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(0), Florida Administrative Code, in that Respondent has failed to comply with the conditions ofan order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. 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. ; EXECUTED on this Y™% _ day of Zhe a , 2000. Commissioner of Education, State of Florida ‘

Docket for Case No: 00-001205