[b- 9246 PL STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 090-2048 JANE ELIZABETH MILLER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against JANE ELIZABETH MILLER. 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 834776, covering the areas of Elementary Education and Social Science, whicli is valid through June 30, 2011. 2. Atall times pertinent hereto, the Respondent was employed asa Sixth Grade Teacher at Four Comers Charter Elementary School in the Osceola County School District. MATERIAL ALLEGATIONS 3. On or about January 26, 2010, Respondent demonstrated inappropriate conduct toward S.R., a twelve-year-old male student. When Respondent found S.R. working on another writing assignment in her class, she confiscated the work. 4. Respondent proceeded to finish the assignment for him by adding comments which were mocking and belittling, and bordered on ethnic slurs. Such comments included, but were not limited to: S.R. liking to hit small animals with his mother’s car, liking to drive his mother’s car illegally (claiming that she is not in this country legally), how his mother came here illegally from JANE ELIZABETH MILLER Administrative Complaint Page 2 of 3 New Jersey, and that his mother is smart because she graduated from the “fird” grade. Respondent then read the redrafted paper to the class. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. COUNT 2: The Respondent is in violation of Section 101 2.795(1)(j), 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 3: 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 leariitig and/or to the student’s mental health and/or physical health and/or safety. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3\e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) JANE ELIZABETH MILLER 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 \zt day of _~ vate , 2010. bh J. SMITH, as DR. E Commissioner of Education State of Florida

Docket for Case No: 10-009240PL