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RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION vs BARBARA RIOS, 19-005850PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-005850PL Visitors: 19
Petitioner: RICHARD CORCORAN, AS COMMISSIONER OF EDUCATION
Respondent: BARBARA RIOS
Judges: ROBERT S. COHEN
Agency: Department of Education
Locations: Miami, Florida
Filed: Nov. 04, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 5, 2020.

Latest Update: Jun. 03, 2024
STATE OF FLORIDA EDUCATION PRACTICES COMMISSION RICHARD CORCORAN, as Commissioner of Education, Petitioner, vs. CASE NO. 178-2625 BARBARA MARGARITA RIOS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Richard Corcoran, as Commissioner of Education, files this Administrative Complaint against BARBARA MARGARITA RIOS. 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 866120, covering the areas of English for Speakers of Other Languages (ESOL), Exceptional Student Education, Reading and School Social Worker, which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Varying Exceptionalities Teacher at Miami Killian Senior High School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. In or around i Respondent transported iiand om. two high school students, in Respondent’s vehicle to Respondent’s home without permission fro and Ms parents. Prior to reaching Respondent’s home, Respondent obtained Marijuana. Respondent provided the Marijuana to J and MJ while in Respondent’s home where Respondent and the two students smoked the Marijuana. E@R-6 BARBARA MARGARITA RIOS Administrative Complaint Page 2 of 2 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 ION: COUNT 2: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(2)(a)1, 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 reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this | Qt day of. Aoril 2019. Lehi ~ RICHARD CORCORAN, as Commissioner of Education State of Florida E@R-3

Docket for Case No: 19-005850PL
Issue Date Proceedings
Feb. 05, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 04, 2020 Motion to Cancel Hearing and Relinquish Jurisdiction to EPC filed.
Jan. 14, 2020 Order Granting Continuance (parties to advise status by February 14, 2020).
Jan. 13, 2020 Motion to Cancel Final Hearing and Hold Case in Abeyance for Thirty Days filed.
Nov. 20, 2019 Respondent's Notice of Serving Responses to Petitioner's Request for Admissions filed.
Nov. 13, 2019 Order of Pre-hearing Instructions.
Nov. 13, 2019 Notice of Hearing (hearing set for January 21, 2020; 9:00 a.m.; Miami).
Nov. 13, 2019 Order Granting Motion to Amend Administrative Complaint
Nov. 13, 2019 Notice of Transfer.
Nov. 12, 2019 Notice of Service of Petitioner's First Set of Interrogatories to Respondent filed.
Nov. 12, 2019 Notice of Service of Petitioner's Request for Production to Respondent filed.
Nov. 12, 2019 Petitioner's Motion to Amend Administrative Complaint filed.
Nov. 12, 2019 Joint Response to Initial Order filed.
Nov. 05, 2019 Initial Order.
Nov. 04, 2019 Administrative Complaint filed.
Nov. 04, 2019 Election of Rights filed.
Nov. 04, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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