STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO, 101-2962 AARON R. PERFETTO, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against AARON R. PERFETTO. The Petitioner secks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuantto Sections 1012.315, 1012.795, and 1012.796, Florida Statutes, and pursuant to Rule 6A-10.081, 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 913712, covering the areas of English for Speakers of Other Languages (ESOL) and Prekindergarten/Primary Education, which is valid through June 30, 2015. 2, At all times pertinent hereto, the Respondent was employed as a Teacher at John Young Elementary School in the Orange County Schoo! District. Respondent was a Kindergarten teacher during the 2005-2006, 2006-2007, 2007-2008 and 2008-2009 school years and a second grade teacher during the 2009-2010 and 2010-2011 school years. MATERIAL ALLEGATIONS 3. On or about January 25, 2007, Respondent inappropriately touched a student when he tickled the student. The incident was reported by the school to the Department of Children and Families. On or about February 20, 2007, the school issued a directive to Respondent specifying that Respondent should refrain from touching students. AARON R. PERFETTO Administrative Complaint Page 2 of 5 4. On or about April 17, 2009, Respondent received an overall “Needs Improvement” rating on his annual performance review for the 2008-2009 school year. Specifically, Respondent received a “Needs Improvement” rating in the areas of classroom management and discipline, planning and delivering instruction, and assessment of student performance and use of Individual Professional Development Plans. 5. On or about August 19, 2009, after a “meet and greet” between Respondent and the parents of the students in Respondent’s classroom, two concerned parents requested that their children be transferred out of Respondent’s class. One parent did not feel her son would be safe in Respondent's classroom, and the other parent had an “unpleasant” first impression of Respondent and was concerned that her child would not be challenged academically in Respondent’s class. 6. On or about September 3, 2009, Respondent was placed on a Performance Improvement Plan for the 2009-2010 school year for purposes of improving Respondent’s performance in the areas of classroom management and discipline, and planning and delivering instruction. 7, On or about September 16, 2009, Respondent would not allow a student to sit down during class. The student was required to stand up to complete his class work as a punishment for leaning too far back and tilting in his desk chair. On or about October 5, 2009, Respondent was issued a directive by the school to refrain from inappropriate discipline. &. On or about November 4, 2009, Respondent became frustrated with a student and kicked over a desk during class. Asa result, Respondent was placed on paid leave for approximately two months. 9. On or about May 27, 2010, a teacher reported that she observed Respondent’s classroom and noted that the majority of the students were out of their seats and disruptive, Respondent yelled at the students in an effort to gain control, and Respondent had failed to implement any of the interventions required for one of his students with possible speech and language difficulties. 10. Onor about June 2, 2010, Respondent allowed a student to sit on his lap. The incident was reported by the school to the Department of Children and Families. On or about June 10, 2010, Respondent was issued a directive by the school to refrain from touching students or allowing them to sit in his lap under any circumstances. 11. During the 2009-2010 school year, the Respondent failed to carry out the duties of a teacher. Specifically: (a) Respondent failed to set and consistently implement behavior guidelines in his classroom; AARON R. PERFETTO Administrative Complaint Page 3 of 5 (b) Respondent failed to exhibit sufficient knowledge of the curriculum (c) Respondent failed to properly assess his students; (d) Respondent failed to provide appropriate course accommodations to students; and (e) Respondent failed to remain controlled and effective around students when under pressure. 12. On or about April 30, 2010, Respondent received an overall “Unsatisfactory” rating on his annual performance review for the 2009-2010 school year, Specifically, Respondent received an “Unsatisfactory” rating in the areas of classroom management and discipline, planning and delivering instruction, and professional responsibilities. Respondent received a “Needs Improvement” rating in the areas of curriculum knowledge, planning and delivering instruction, and assessment of student performance and use of Individual Professional Development Plans. 13. As of June 10, 2010, or thereabout, Respondent failed to show improvement as required by the September 9, 2009 Performance Improvement Plan. 14. On or about October 8, 2010, a third grade teacher with students previously taught by Respondent in the second grade, reported that the students from Respondent's class were not academically prepared for third grade and these students had a difficult time adjusting to a structured environment, including failing to raise their hands to be called on to speak and failing to stay in their seats during class. 15. During the 2010-2011 school year, Respondent failed to carry out the duties of a teacher. Specifically: (a) Respondent failed to implement appropriate discipline strategies and classroom management techniques, (b) Respondent did not relate curriculum to students in a meaningful manner; (c) Respondent failed to present concepts, principles and rules effectively to his students; (d) Respondent failed to exhibit sufficient knowledge of the concepts, principles, etc. being taught; (e) Respondent failed to effectively plan or implement effective teaching strategies, and (f) Respondent failed to properly assess his students. AARON R. PERFETTO Administrative Complaint Page 4 of 5 16, On or about December 6, 2010, Respondent was placed on a 90-day Probationary Performance Plan for purposes of improving Respondent’s performance in the areas of professional responsibilities, and planning and delivery of instruction. Respondent did not make satisfactory progress or meet the goals outlined in the 90-day Probationary Performance Plan. 17. On March 23, 2011, Respondent received an overall “Unsatisfactory” rating on his annual performance review. Specifically, Respondent received an “Unsatisfactory” rating in the areas of classroom management and discipline, curriculum knowledge, planning and delivering instruction, assessment of student performance and use of Individual Professional Development Plans, and he received a “Needs Improvement” rating in the area of professional responsibilities. 18. Respondent did not make adequate improvement, and his students had failed to show adequate learning gains as required by the December 6, 2010 90-day Probationary Performance Plan. On or about April 12, 2011, Respondent was notified by the school that he had failed to correct the performance deficiencies. 19. Onor about April 18, 2011, the Area Superintendent for the Orange County School District recommended Respondent’s termination for failure to show adequate improvement following a 90-day Probationary Performance Plan. 20. Onor about November 16, 2011, Respondent entered into a Settlement Agreement with the Orange County School Board whereby he agreed to permanently resign his employment with the school district. 21. Respondent is in violation of Section 1012.53(1), Florida Statutes, in that Respondent has repeatedly failed to work diligently and faithfully to help students meet or exceed annual learning goals. 22. 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. 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 his effectiveness as an employee of the school board. AARON R. PERFETTO Administrative Complaint Page 5 of 5 COUNT3: The Respondent is in violation of Section 1012.795(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 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(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 ta 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. _ SXECUTED on this \S day of January - 2014, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-003034PL