STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN, as Commissioner of Education, Petitioner, vs. CASE NO. 056-1482-F RACHEL J. BARNETT, Respondent, O I- ( 752 i C ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against RACHEL J. BARNETT, 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 sct forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Educator’s Certificate 520837, covering the arca of Exceptional Student Education, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Don Brewer Elementary School in the Duval County School District. MATERIAL ALLEGATIONS 3. During the 2004 - 2005 school year, Respondent inappropriately disciplined students in her pre-kindergarten, Exceptional Student Education class. Respondent’s behavior included but was not limited to tying students to chairs, throwing them against walls, withholding food trom students and squeezing their cheeks. 4. On or about February 18, 2005, Respondent locked T.J., a male, pre-kindergarten student. in a storage room and subsequently placed him in a bathroom with her foot holding the door shut so he could not get out. As a result T.J. locked himself in the bathroom and had to be RACHEL J. BARNETT Administrative Complaint Page 2 of 3 convinced to come out. When TJ. came out he ran away and Respondent chased him. Respondent eventually fell on top of him causing both Respondent and student to end up on the floor in tears. T.J. sustained multiple scratches and red marks on his arms, neck, back and face as a result of the incident. On or about March 7, 2005, Respondent received a letter of reprimand and a three-day suspension without pay from the school board. On or about April 8, 2005, the school district placed Respondent’s on non-renew status. STATUTE VIOLATIONS COUNT {; — The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorulity 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 scriously reduces her effectiveness as an employee of the school board. COUNT3: — 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 arc in violation of Rule 6B- 1.006(3){a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to prolect the student from conditions harmful to Icarning and/or to the student’s mental health and/or physical health and/or salcty. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3)(c), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) RACIIELL J. BARNETT Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth hercin and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent's educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s cducator’s certificate for a period of time not to exceed five years; revoking the Respondent’s educator’s certificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an cducator’s certificate for a period of timc up to 10 years or permanently. FXECUTED on this_2 2 day of NOVEMbEY . 2006. ptok as Commissioner of Education State of Florida

Docket for Case No: 07-001253PL