DY-6358 PL STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JOHN L. WINN as Commissioner of Education, Petitioner, vs. CASE NO. 034-2285-V KAREN SPERRY SMITH, Respondent. _/ ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against Karen Spetry Smith. 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 433007, covering the areas of Eatly Childhood Education, Elementary Education, English To Speakers Of Other Languages (ESOL) and Varying Exceptionalities, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Pre-Kindergarten Teacher in the Lake County School District. MATERIAL ALLEGATIONS 3. On or about March 25, 2004, Respondent was pulled over by law enforcement for having an obstructed vehicle tag that was hard to read. As the officer approached the vehicle, a strong odor of alcohol was present. Respondent consented to a search of her vehicle and an open alcoholic beverage and a glass pipe were recovered. Respondent admitted that she had just “taken a hit” from the pipe. Respondent was arrested and charged with Possession of Drug Paraphernalia. On or about May 17, 2004, Respondent pleaded nolo contendere to the charge. Adjudication was withheld and Respondent was sentenced to 15 days in jail and ordered to pay fines. KAREN SMITH Administrative Complaint Page 2 of 3 4. On or about February 15, 2005, Respondent took her father's vehicle without permission with the intent to trade it for crack cocaine. Respondent was arrested and charged with Grand Theft-Statutory Property. On or about July 19, 2005, Respondent entered a plea of nolo contendere to the charge and adjudication was withheld. Respondent was sentenced to one year of drug offender probation with special conditions. 5. On or about January 12, 2005, Respondent tested positive for cocaine as a result of a reasonable suspicion drug test. 6. On or about March 28, 2005, Respondent’s employrnent was terminated. STATUTORY VIOLATIONS COUNT 1: The Respondent is in violation Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(£), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the schoo! 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 the 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 learning and/or to the student’s mental health and/or physical health and/or safety. (SIGNATURE ON FOLLOWING PAGE) KAREN SMITH Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein 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 educator’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 educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this AYO day of (My , 2006. of L. Winn, as Commissioner of Education, State of Florida

Docket for Case No: 08-006358PL