STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 101-0752 CARIDAD VALDES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J, Smith, as Commissioner of Education, files this Administrative Complaint against CARIDAD VALDES. 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 755645, covering the areas of Elementary Education, English for Speakers of Other Languages (ESOL), and Prekindergarten/ Primary Education, which is valid through June 30, 2012. 2. At all times pertinent hereto, the Respondent was employed as a Prekindergarten Exceptional Student Education Teacher at James H. Bright Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 school year, in Miami-Dade County, Florida, Respondent used inappropriate discipline to control her pre-kindergarten autistic students. Examples of Respondent’ s conduct include but are not limited to the following: A. Respondent pushed and pulled the students by their arms. Filed October 5, 2011 9:06 AM Division of Administrative Hearings CARIDAD VALDES Administrative Complaint Page 2 of 3 B. Respondent tapped the students with her hand. c. Respondent used a wooden pointer to spank male student B.S. on the buttocks. Dz. Respondent yelled at students in a scolding manner. E. Respondent used profanity in the presence of her students. 4, On or about February 9, 2011, Respondent’s employment with Miami-Dade County Public Schools was terminated as a result of Respondent’s violation of school board rules regarding corporal punishment, responsibilities and duties, and code of ethics. 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(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) CARIDAD VALDES 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 Resporident 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 \ate. day of Apc { 2011. oa DR. ERIG J/SMITH, as Commissioner of Education Commissioner of Education State of Florida

Docket for Case No: 11-005115PL