STATE OF FLORIDA EDUCATION PRACTICES COMMISSION mgs HAR 21 PF 2b JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. (34-0789-F SUE F. ABREU, ON . () | \ PE Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Edutation, files this Administrative Complaint against SUE F. ABREU. 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 1 012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 270400, covering the area of Elementary Education, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Teacher ait Wewahitchka Elementary School in the Gulf County School District. SUE F. ABREU Administrative Complaint Page 2 of 3 MATERIAL ALLEGATIONS 3. During the 2002-2003 school year, the Respondent engaged in inappropriate conduct with students and coworkers. These incidents include, but are not limited to: 1) sleeping in the fetal position in her classroom during school hours; 2) pushing student J.S. into a table (J.S. is a male student whose date of birth is May 24, 1994); 3) slapping student D.S.' hand (D.S. is a male student whose Gate of birth is September 10, 1993), 4) talking to the walls during classtime; 5) talking aloud to herself on one occasion about the school "being on fire,” “going up in flames," and also stating “the fire would s:art right here,” or words to that effect. On or about September 23, 2003, she was investigated by the Gulf County Sheriff's Department for her statements regarding burning down the school. No criminal charges were filed. On or about October 23, 2003, she was suspended with pay until she completed a Fitness for Duty evaluation. The evaluator concluded that the Respondent should not be instructing and supervising elementary or emotionally disturbed students. The Respondent retired from the Gulf County Schools on or about May 11, 2004. STATUTE VIOLATIONS psAlUIse VAs COUNT 1: The Respondent is in violation of Section 1012.795(1)(c). Florida Statutes, in that Respondent has been guilty of gross iramorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(f). Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 3: The Respondent is in violation of Section 1012.795(1)@), 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 mak2 reasonable effort to protect the student from conditions harmful to learning and/or to the student's merital health and’or physical health and/or safety. . SUE F. ABREU 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 ofpractice, 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. ua EXECUTED on this a / day of , 2004. ommissioner of Education State of Florida

Docket for Case No: 05-001016PL