STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-2201 ANNETTE Y. MILLER-THOMPSON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ANNETTE Y. MILLER-THOMPSON. 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 i. The Respondent holds Florida Educator’s Certificate 779510, covering the areas of English for Speakers of Other Languages (ESOL) and Varying Exceptionalities, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a District ESE Staffing Specialist in the Lee County School District. MATERIAL ALLEGATIONS 4 3. During the 2013/2014 school year, Respondent served as a District Exceptional Student Education (ESE) Staffing Specialist with responsibilities to oversee ESE compliance for her assigned schools. 4, During the 2013/2014 school year, James Stephens International Academy (JSIA) was one of Respondent's assigned schools. Respondent failed to ensure that ESE students at JSLA were properly served and that their Individualized Education Programs (IEPs) were ANNETTE Y. MILLER-THOMPSON Administrative Complaint Page 2 of 3 properly imaplemented. Conduct that occurred at ISLA which Respondent was or should have been aware of includes but is not limited to: a) At least eight students attended JSLA who had IEPs indicating that they required a Service Delivery Model (SDM) of Supportive Behavior (SB) which requires that the student be in an isolated classroom with limited students and a certified ESE instructor. These eight students had minimal contact with a certified ESE instructor which was not close to the amount of hours required by their ESE. b) The above referenced students had their SDM changed from SB to Collaborative Teaching (CT) to justify their placement in the general student population without TEP meetings being convened or parents being notified. c) Placement of the above referenced students in the general student population contributed to behavior issues for the students that included violence and sexually inappropriate conduct that resulted in placement of the students in alternative programs. d) TEP approvals and placement changes were signed off on by an elementary general education instructor who did not attend the [EP meetings for middle schoo] students who had no contact with the signing teacher. 5. Additionally, on or about September 11, 2013, Respondent signed a parent acknowledgement form for the parents of D.M., a male, middle school, ESE student, for an IEP meeting that the parents did not attend. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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 2: — 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. ANNETTE Y. MILLER-THOMPSON 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. EXECUTED on this {2 day of October _, 2015. P Ctrta AAAS PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-001650PL