Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: ALBERTO L. LAGO
Judges: LARRY J. SARTIN
Agency: Department of Education
Locations: Miami, Florida
Filed: Jul. 27, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 13, 2009.
Latest Update: Dec. 23, 2024
D4-Bt TAPE
DR. ERIC J. SMITH, as
Commissioner of Education,
Petitioner,
vs. CASE NO. 078-3597
ALBERTO L. LAGO,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative
Complaint against ALBERTO L. LAGO. The Petitionerseeks the appropriate disciplinary sanction
of the Respondent’s educator’s certificate pursuant to Sections 1012.315, 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 876896, covering the areas of
Earth-Space Science and Physics, which is valid through June 30, 2011.
2. At all times pertinent hereto, the Respondent was employed as a Substitute Teacher
in the Miami-Dade County School District.
MATERIAL ALLEGATIONS
3. On or about April 19, 2008, the Respondent took the Florida Teacher Certification
Mathematics 6 - 12 Examination. The Respondent intentionally violated testing procedures by
utilizing a personal calculator and personal notes with formulas.
ALBERTO L. LAGO
Administrative Complaint
Page 2 of 3
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: The Respondent is in violation of Section 1012.795(1)(a), Florida Statutes,
in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means.
COUNT 2: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes,
in that Respondent has been guilty of gross immorality or an act involving moral turpitude as
defined by rule of the State Board of Education.
COUNT3: The Respondent is in violation of Section 1012.795(1)G), 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(5)(a), Florida Administrative Code, in that Resporident has failed to maintain honesty in all
professional dealings.
(SIGNATURE ON FOLLOWING PAGE)
ALBERTO L. LAGO
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; determining the Respondent to be ineligible for certification; 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 uth day of Februcry 2009.
Commissioner of Education
State of Florida
Docket for Case No: 09-003972PL
Issue Date |
Proceedings |
Oct. 13, 2009 |
Order Closing File. CASE CLOSED.
|
Oct. 12, 2009 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Sep. 17, 2009 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 28, 2009; 1:00 p.m.; Miami and Tallahassee, FL).
|
Sep. 17, 2009 |
Order Denying Motion to Compel/Motion for Sanctions.
|
Sep. 16, 2009 |
Petitioner's Reply/Joint Motion to Reset the Hearing filed.
|
Sep. 14, 2009 |
Respondent's Response to Motion to Compel/Sanctions/Reset Hearing filed.
|
Sep. 09, 2009 |
Notice of Taking Deposition filed.
|
Sep. 09, 2009 |
Motion to Compel/Motion for Sanctions/Motion to Reset Hearing filed.
|
Aug. 11, 2009 |
Order Directing Filing of Exhibits
|
Aug. 11, 2009 |
Order of Pre-hearing Instructions.
|
Aug. 11, 2009 |
Notice of Hearing by Video Teleconference (hearing set for September 30, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
|
Aug. 03, 2009 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
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Aug. 03, 2009 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Aug. 03, 2009 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Jul. 31, 2009 |
Joint Response to Initial Order filed.
|
Jul. 27, 2009 |
Initial Order.
|
Jul. 27, 2009 |
Administrative Complaint filed.
|
Jul. 27, 2009 |
Amended Election of Rights filed.
|
Jul. 27, 2009 |
Letter to K. Richards from Agency`s General Counsel requesting administrative hearing and notification of counsel of record.
|
Jul. 27, 2009 |
Agency referral filed.
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