STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, Vs. CASE NO, 090-1489 BARBARA E. CZECH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against BARBARA E. CZECH. 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 644085, covering the areas of Elementary Education, Emotionally Handicapped, Mentally Handicapped, and Reading, which is valid through June 30, 2015, 2. At all times pertinent hereto, the Respondent was employed as an Eighth Grade Teacher at Clearwater Intermediate School or a Fourth Grade Teacher at Highland Lakes Elementary School in the Pinellas County School District. MATERIAL ALLEGATIONS 3. On or about March 23, 2009, Respondent, while teaching at Clearwater Intermediate School, displayed inappropriate conduct toward J.G., a fourteen-year-old male student in that she grabbed him by the shoulders and yelled at him in front of the class. Respondent continued the verbal assault by grabbing J.G.’s cheeks and saying, “You are a jerk....you are pissing me off,” or words to that effect. For this incident, Respondent entered into an agreement on or about June 1, Filed March 30, 2011 10:46 AM Division of Administrative Hearings BARBARA E. CZECH Administrative Complaint Page 2 of 3 2009, with the Pinellas County School District by which she was transferred to Highland Lakes Elementary School. 4. On or about September 22, 2009, at Highland Lakes Elementary School, Respondent displayed inappropriate conduct toward D.T., a nine-year-old male student. In an effort to gain D.T.’s attention, Respondent threw a roll of tape at D.T. while he had his head down on his desk. The roll of tape hit D.T, in the head. D.T. sustained no injury. 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 gtoss 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. 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 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. COUNT 5: 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) BARBARA E. CZECH 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: 11-001591PL