STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, vs. CASE NO. 101-2845 FRANCES ELLERBE VALERIO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against FRANCES ELLERBE VALERIO. 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 782121, covering the areas of English for Speakers of Other Languages (ESOL), Music, and Reading, which is valid through June 30, 2013, 2. At all times pertinent hereto, the Respondent was employed as a Music Teacher at Winter Park High School in the Orange County School District. MATERIAL ALLEGATIONS 3. During the 2009-2010 and 2010-2011 school years, while employed by the School District of Orange County (“District”), Respondent proved incompetent to perform the duties of a teacher. 4. On or about November 11, 2009, Respondent was placed on a 90-day Professional improvement Plan for Classroom Management. Filed June 21, 2012 9:41 AM Division of Administrative Hearings FRANCES ELLERBE VALERIO Administrative Complaint Page 2 of 3 5. In April 2010, Respondent received an overall Unsatisfactory performance rating for the 2009-2010 school year. Respondent received ratings of “Unsatisfactory” in the areas of Classroom Management and Discipline and Planning and Delivering Instruction, and received ratings of “Needs Improvement” in every other category. 6. On or about April 8, 2010, Respondent was issued a written reprimand for insubordination. 7. On or about January 5, 2011, Respondent was placed upon a 90-day performance probationary period for Classroom Management and Discipline and Planning and Delivering Instruction. Respondent failed to successfully complete the probationary plans. 8. On or about February 2, 2011, Respondent failed to control her students during a severe weather drill. Contrary to the instructions she had been provided, Respondent crouched down against a wall and covered her head during the drill. While Respondent was crouched down and covering her head, students ran around the room and threw chairs. Male student C.R. made obscene sexual gestures toward Respondent, and other students recorded video of C.R.’s actions. On or about February 11, 2011, Respondent was issued a written reprimand for failure to follow proper procedures during the severe weather drill. 9. In May 2011, Respondent received an overall Unsatisfactory performance rating for the 2010-2011 school year. Respondent received ratings of “Unsatisfactory” in the areas of Classroom Management and Discipline, Curriculum Knowledge, Planning and Delivering Instruction, Assessment of Student Performance & IPDP, and Professional Responsibility. 10. On or about June 14, 2011, Respondent was placed on suspension without pay and District Superintendent Ronald Blocker recommended that Respondent’s employment with the District be terminated. 11. | The Respondent is in violation of Section 1012.53(1), Florida Statutes, in that Respondent has failed to work diligently and faithfully to help students meet or exceed annual learning goals. 12. The Respondent is in violation of Section 1012.53(2), Florida Statutes, in that Respondent failed to perform duties prescribed by rules of the district school board. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. FRANCES ELLERBE VALERIO Administrative Complaint Page 3 of 3 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)G), 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. 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 reapptying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this 4 day ot Maych 20.12. GERARD ROBINSON, as Commissioner of Education State of Florida

Docket for Case No: 12-002185PL