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DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION vs ANGELA D. ROSA, 09-005349PL (2009)

Court: Division of Administrative Hearings, Florida Number: 09-005349PL Visitors: 32
Petitioner: DR. ERIC J. SMITH, AS COMMISSIONER OF EDUCATION
Respondent: ANGELA D. ROSA
Judges: LISA SHEARER NELSON
Agency: Department of Education
Locations: Daytona Beach, Florida
Filed: Oct. 01, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 17, 2009.

Latest Update: Nov. 13, 2024
STATE OF FLORIDA mw CY EDUCATION PRACTICES COMMISSION vse - 0 oc7 - 04-3 du PL ! Alt: og DR. ERIC J. SMITH, as VISION p Commissioner of Education, iSTRAT Ive Rings "6 Petitioner, vs. CASE NO. 078-2491 ANGELA D. ROSA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against ANGELA D. ROSA. The Petitioner seeks 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 804532, covering the areas of Educational Leadership and Specific Learning Disabilities, which is valid through June 30, 2013. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Creekside Middle School in the Volusia County School District. MATERIAL ALLEGATIONS 3. On or about November 7, 2007, the Respondent administered a chapter test in Geography to several Exceptional Student Education (ESE) students. During the administration of that test, the Respondent provided inappropriate assistance to the students by allowing them to discuss the questions and answers as a group, telling them whether the answers being discussed were correct or incorrect, and providing answers or hinting at answers. ANGELA D. ROSA Administrative Complaint Page 2 of 3 The Petitioner charges: STATUTE VIOLATIONS COUNT 1: TheRespondentis 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 2: 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. COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(d), Florida Administrative Code, in that Respondent has intentionally suppressed or distorted subject matter relevant to a student’s academic program. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5){a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) ANGELA D. ROSA 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 Lh day of Febeusry 2009. DR. J. SMITH, as sioner of Education State of Florida

Docket for Case No: 09-005349PL
Source:  Florida - Division of Administrative Hearings

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