‘DARCIA L. MYERS, _ STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, | Petitioner, vs. . oo: "CASE NO. 978-2400-C Respondent. ADMINISTRATIVE COMPLAINT Petitioner, TOM GALLAGHER, as Commissioner of Education, files this Administrative Complaint against Darcia L. Myers. The Petitioner seeks the appropriate disciplinary sanction of the . Respondent’s educator’s certificate pursuant to Sections 231.262 and 231.28, Florida Statutes, and pursuant to Rule 6B-1,006, Florida Administrative Code, Principles of Professional Conduct for the Education Profession in Florida, said sanctions specifically set forth in Sections 231.262(6) and 231.28(1), Florida Statutes. The Petitioner alleges: JURISDICTION - 1, The Respondent holds Florida Educator’s Certificate 711296, covering the area of mentally handicapped education, which is valid through June 30, 1999. 2. At all times pertinent hereto, the Respondent was employed as a varying exceptionalities teacher at Mandarin School, in the Duval County School District. MATERIAL ALLEGATIONS 3. On or about January 16, 1998, Respondent was placed on EPC probation for one years which required in part that she “satisfactorily perform her assigned duties in a competent, professional manner”. In violation of this probation provision, Respondent on or about March 10, 1998, threatened a student with a pair of scissors and had to be removed from the classroom. 4. On or about March 10, 1998, Respondent used inappropriate disciplining techniques when during a confrontation with a student she picked up a pair of scissors, and threatened the Darcia L. Myers” Administrative Complaint Page 2 of 3 student with them when she attempted to leave the classroom. On March 11, 1998, Respondent was removed from the classroom, and on or about November 9, 1998, Respondent received aletter of yramase from the school district..." an Ace 4 COUNT 1: The allegations of misconduct set forth 231.28(1)(c), Florida Statu in that Respondent has been involving moral turpi COUNT 2: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(f), Florida Statutes, in that Respondent, upon investigation, has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 3: The allegations of misconduct set forth herein are in violation of Section 231.28(1)(i), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by State Board of Education. RULE VIOLATIONS COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(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 safety. COUNT .5: The allegations of misconduct set forth herein are in violation of Rule 6B- - 1,006(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. —_ COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(5)(0), Florida Administrative Code, in that Respondent has failed to comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice. , WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 231.262(6) and 231.28(1), Florida Statutes, which penalty may include a reprimand, probation, restriction of the authorized scope of practice, administrative fine, suspension of the teaching certificate not to exceed three years, EEE EEEEEEIIODSTST ME EES AB BR BR 8 Darcia L.: Myers Administrative Complaint Page 3 of 3 permanent revocation of the teaching certificate, or combination thereof, for the reasons set forth herein, and in accordance with the Explanation ¢ and Election of Rights forms which are attached hereto and made a part hereof by reference. “°--"S ers vere see tot Bratch ales oo EXECUTED on this 22 ae day of , 1999. Commissioner of Education, State of Florida ,

Docket for Case No: 00-000443