FLORIDA DEPARTMENT OF EDUCATION. A STATE BOARD OF EDUCATION er aaa , Jim HORNE Commissioner of Education F. PHILIP HANDY, Chairman T. WILLARD FAIR, Vice Chairman me a ens Read, Members Florida! Lina J. Eaps, Eo.D. CHARLES PATRICK Garcia JULIA L. JOHNSON WILLIAM L. PROCTOR, PH.D. November 5, 2003 CERTIFIED MAIL Ms. Carol Francia RE: Finding of Probable Cause 9010 Southwest 20th Street Case No: 012-0678-V Miramar, Florida 33025 SSN. A Dear Ms. Francia: Pursuant to the provisions of Sections 1012.796 and 1012.795, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 1012.796(6) and 1012.795(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed three years, revocation not to exceed ten years or the permanent revocation of your Educator Certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Turlington Building, Suite 224-E, Tallahassee, Florida 32399, (850) 245-0438. Please govern yourself accordingly. Sincerely, hed Jim Horne JH:DA:j ENCLOSURES 325 W. GAINES STREET * SUITE 224-E * TALLAHASSEE, FL 32399-0400 + (850) 245-0438 » Fax (850} 245-0621 STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as 7 Commissioner of Education, ro Petitioner, vs. CASE NO. 012-0678-V CAROL A. FRANCIA, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Home, as Commissioner of Education, files this Administrative Complaint against CAROLA. FRANCIA. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 655649, covering the areas of Educational Media Specialist, Elementary Education, and Reading, which is valid through June 30, 2006. 2. Atall times pertinent hereto, the Respondent was employed as a Teacher at Parkview Elementary School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2000-2001 school year, Respondent inappropriately disciplined Kindergarten students on a regular basis. Respondent’s inappropriate techniques included pinching students, hitting them with rulers, slapping them about the head and placing them outside the classroom in the hot sun. Respondent’s repeated failure to control the noise level ofher students and Respondent’s yelling and screaming constantly disturbed other classes. On or about April 17, 2001, Respondent pinched J.B., a CAROL A. FRANCIA Administrative Complaint Page 2 of 3 5-year-old male student, on the arm and hit him in the back of the head. J.B. is one of the students Respondent previously sent outside to stand/sit in the sun. On or about April 25, 2001, the principal combined Respondent’s class with another, making the other teacher the lead teacher. The principal also made three paraprofessionals available to assist the two teachers. Additionally, Respondent was directed never to be alone with students, but to remain in the central area of the classroom. She was also directed not to put her hands on students and refrain from yelling and screaming at them. On or about August 10, 2001, Respondent resigned her position with the school district. STATUTE VIOLATIONS COUNT1: —TheRespondentis in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT2: —TheRespondentis in violation of Section 1012.795(1)(£), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT3: —TheRespondent isin violation of Section 1012.795(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 4: | 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 leaming and/or to the student’s mental health and/or physical health and/or safety. COUNT 5: 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. CAROL A. FRANCIA Administrative Complaint Page 3 of 3 WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), 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_ 5 aay of L] rember , 2003. Commissioner of Education State of Florida

Docket for Case No: 04-001030PL