STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NQ, 078-3683 GWENDOLYN JOHNSON, Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, Dr, Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against GWENDOLYN JOHNSON. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.3 15, 1012.795, and 1042.796, Florida Statutes, and pursuant toe 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 I. The Respondent holds Florida Educator’s Certificate 381823, covering the areas of Elementary Education, Guidance and Counseling, School Principal, and Occupational Specialist, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Principal at Independence Middle School in the Palm Beach County School District. MATERIAL ALLEGATIONS 3, During August 2007 through October 2007, Respondent demonstrated inappropriate and unprofessional conduct. Respondent caused, and failed to correct, inaccurate Full Time Equivalent (FTE) student counts reported to the School District, thereby inflating student enrollment numbers. Respondent would not allow members of her staffto correct the student enrollment count ve sohagt to accurately reflect those students which were “no shows” at her school. Filed February 4, 2011 11:11 AM Division of Administrative Hearings GWENDOLYN JOHNSON Administrative Complaint Page 2 of 3 4. On or about June 3, 2009, the School Board of Palm Beach County, suspended Respondent without pay for twenty (20) days. 5. The allegations involving Respondent’s misconduct were reported in the local news media. 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 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously 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 are in violation of Rule 6B- 1,006(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 5: 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. COUNT6: The Respondentis in violation of Rule 6B. 1006(5)(h), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. (SIGNATURE ON FOLLOWING PAGE) GWENDOLYN JOHNSON 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. Commissioner of Education State of Florida

Docket for Case No: 11-000569