STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-2892 BETH NYKISHA EALEY, Respondent. / ADMINISTRATIVE COMPLAINT etitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against BETH NYKISHA EALEY. 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 Admmistrative 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 1193739, covering the areas of Elementary Education and Exceptional Student Education, which is valid through Jume 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Exceptional Student Education Teacher at James A. Long Elementary School in the Putnam County School District. MATERIAL ALLEGATIONS 3, in or around August 2012 through March 2014, Respondent fraudulently collected Workers’ Compensation benefits while she was gainfully employed. Respondent began collecting Workers’ Compensation benefits when she was injured while working as a paraprofessional in a Georgia school in or around 2008. Respondent failed to inform Georgia officials when she became employed in a Florida school in or around August of 2012, and continued to receive and cash her Workers’ Compensation checks. BETH NYKISHA EALEY Administrative Complaint Page 2 of 3 4. On or about March 1, 2014, Respondent was arrested and charged with Workers’ Compensation Fraud, On or about August 26, 2014, Respondent pled and was adjudicated guilty of 13 counts of Workers’ Compensation Fraud. 5, On or about December 10, 2015, Respondent entered into a consent agreement with the Georgia Professional Standards Commission as a result of her Workers’ Compensation Fraud convictions. In accordance with the agreement, Respondent’s Georgia teaching certificate was revoked for a minimum period of three years. The Petitioner charges: STATUTE VIOLATIONS COUNT i: The Respondent is in violation of section 1012.795(1)(e), Florida Statutes, in that Respondent has had an educator certificate sanctioned by revocation, suspension, or surrender in another state. COUNT 2: The Respondent is in violation of section 1012.795(1)(f), Florida Statutes, in that Respondent has been convicted or found guilty of, or entered a plea of guilty to, regardless of adjudication of guilt, a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation. COUNT 3: 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 6A- 10.081(5\(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) BETH NYEISHA EALEY 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 onthis_ | dayof_ Avoust 2016. { } / PAM STEWART, as Commissioner of Education State of Florida.

Docket for Case No: 17-000127PL