Petitioner: PAM STEWART, AS COMMISSIONER OF EDUCATION
Respondent: DEBORAH SWIRSKY-NUNEZ
Judges: F. SCOTT BOYD
Agency: Department of Education
Locations: Miami, Florida
Filed: Feb. 03, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, March 18, 2016.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
EDUCATION PRACTICES COMMISSION
PAM STEWART, as
Commissioner of Education,
Petitioner,
vs. CASE NO, 090-2928
DEBORAH SWIRSKY-NUNEZ,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, Pam Stewari, as Commissioner of Education, files this Administrative
Complaint agains) DEBORAH SWIRSKY-NUNEZ. 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 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 582010, covering the areas
of Educational Leadership, Emotionally Handicapped, English for Speakers of Other Languages
(ESOL), Mentally Handicapped and Specific Learning Disabilities, which is valid through June
30, 2618.
2. At all times pertinent hereto, the Respondent was employed as an Administrator
at the Miami-Dade County School District Regional Office.
MATERIAL ALLEGATIONS
3. During the 2008/2009 school year, Respondent used her position and status with
the District to have her two school age children, $.N. and J.N., approved for award under the
John McKay Scholarship for Students with Disabilities Program (McKay). Respondent’s
conduct included but was not limited to:
A. Respondent provided a falsified address for S.N. and J.N. alleging that they
DEBORAH SWIRSK Y-NUNEZ
Administrative Complaint
Page 2 of 4
resided in Miami-Dade County where Respondent was employed when S.N.
and J.N. actually lived in Broward County.
. B. Respondent registered $.N. at a Miami-Dade public high school for
limited periods of Full Time Enrollment (FTE) periods while S.N. was still
enrolled in and attending a private school. Respondent enrolled S.N. in the
public high school for less than two weeks in October, removed S.N. from the
rolls, re-enrolled the student for less than two weeks in February and once
again removed S.N. from the schoo! for the remainder of the school year.
Respondent’s sole purpose in enrolling S.N. in public high school was to
fraudulently substantiate $.N.’s eligibility for a McKay scholarship.
. Respondent used her position and status to expedite an Individual Education
Pian (JEP) evaluation and an IEP for S.N. within one day of enrollment at the
Miami-Dade high school, a process that usually takes months. Respondent
scheduled or used her influence to have others schedule S.N.’s evaluation and
plan prior to other students who had been waiting longer.
. Respondent failed to ensure that all supporting documents for S.N.’s IEP
evaluation were correct and true and properly signed by the appropriate
individuals.
. Respondent used her position and influence to convince educators who had
not participated in S.N.’s evaluation to sign the IEP forms.
As aresult of Respondent's conduct, S.N. was deemed eligible for over
$11,000 in McKay scholarship funds.
. Respondent temporarily enrolled JN. ata Miami-Dade County elementary
school, while the family still lived in Broward County and without removing
the student from his Broward County elementary school. Respondent used
her position and status to convince the Miami-Dade principal to violate
district protocol in order to have J.N. tested for gifted services. Additionally,
Respondent used the identification number provided by the principal’s action
to have an IEP created for J.N. without the principal’s knowledge or consent.
Even though, J.N. was tested for gifted services and an JEP was created for
him through the Miami-Dade elementary school, J.N. never attended the
school.
. Respondent provided the Miami-Dade created IEP for J.N. to his elementary
schoo! in Broward County and it was adopted by that school and subsequently
used to qualify J.N. fora McKay scholarship award in excess of $7,000.
DEBORAH SWIRSKY-NUNEZ
Administrative Complaint
Page 3 of 4
4, On or about June 17, 2010, the District initiated dismissal proceeding against
Respondent as a result of her conduct. Respondent timely requested an administrative hearing
before the Division of Administrative Hearings (DOAH). On or about December 20, 2012, the
Administrative Law Judge (ALJ) issued a Recommended Order recommending that the District
terminate Respondent’s employment, On or about December 19, 2012, the District adopted the
ALJ’s Recommended Order and terminated. Respondent’s employment.
5, As a result of Respondent's above referenced actions, on or about June 8, 2010,
Respondent was arrested and charged with one count of felony Third Degree Grand Theft and
two counts of felony Organized Fraud. On or about October 25, 2013, Respondent entered into a
negotiated plea agreement in settlement of the charges.
The Petitioner charges:
STATUTE VIOLATIONS
COUNT 1: 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
effectiveness as an employee of the school board.
COUNT 2: The Respondent is in violation of Section 1012.795(1)q), Florida Statutes,
in that Respondent has violated the Principies of Professional Conduct for the Education
Profession prescribed by State Board of Education rules.
RULE VIOLATIONS
COUNT 3: 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.
COUNT 4: _ The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(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 6A-
10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges
for personal gain or advantage.
COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A-
10.081(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in
all professional dealings.
COUNT 7: The Respondent is in violation of Rule 6A-10.081(5)(h), Florida
DEBORAH SWIRSK Y-NUNEZ
Administrative Complaint
Page 4 of 4
Administrative Code, in that Respondent has submitted fraudulent information on a document in
connection with professional activities.
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.
EXECUTED on this_ [5 _ aay of April 2015.
PAM STEWART, as
Commissioner of Education
State of Florida
Docket for Case No: 16-000620PL
Issue Date |
Proceedings |
Mar. 18, 2016 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Mar. 16, 2016 |
Motion to Cancel Hearing and to Relinquish Jurisdiction to EPC filed.
|
Feb. 25, 2016 |
Notice of Filing Corrected Certificate of Service filed.
|
Feb. 15, 2016 |
Notice of Service of Petitioner's Request for Production to Respondent filed.
|
Feb. 15, 2016 |
Notice of Service of Petitioner's Request for Admissions to Respondent filed.
|
Feb. 15, 2016 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
|
Feb. 15, 2016 |
Requests for Admissions filed.
|
Feb. 15, 2016 |
Notice of Service of Expert Witness Interrogatories filed.
|
Feb. 15, 2016 |
Respondent's First Set of Interrogatories to Petitioner filed.
|
Feb. 10, 2016 |
Order of Pre-hearing Instructions.
|
Feb. 10, 2016 |
Notice of Hearing by Video Teleconference and In-person (hearing set for April 12 and May 2 through 6, 9 through 13 and 16 through 19, 2016; 9:00 a.m.; Miami and Tallahassee, FL).
|
Feb. 05, 2016 |
Joint Response to Initial Order filed.
|
Feb. 04, 2016 |
Initial Order.
|
Feb. 03, 2016 |
Administrative Complaint filed.
|
Feb. 03, 2016 |
Election of Rights filed.
|
Feb. 03, 2016 |
Agency referral letter filed.
|