STATE OF FLORIDA EDUCATION PRACTICES COMMISSION TOM GALLAGHER, as Commissioner of Education, Petitioner, . A an 0 74-0339 CPL vs. CASE NO. 990-1660-V » DARRELL ASH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Tom Gallagher, as Commissioner of Education, files this Administrative Complaint against Darrell Ash. 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 557256, covering the area of Physical Education, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Physical Education teacher at Riverside Elementary School, in the Dade County School District. MATERIAL ALLEGATIONS 3. On or about April 29, 1999, Respondent was placed on three years employment probation by a final order of the Education Practices Commission. A part of that probation being that Respondent enter into a drug rehabilitation program and that he does not consume alcohol or any controlled substance. On or about November 10, 1999, Respondent it was reported to the Department of Education that Respondent had tested positive for the use of cocaine and accordingly he has violated his probation. Darrell Ash Administrative Complaint 2 of 2 4. On or about November 10, 1999, Respondent was in possession of a controlled substance, Cocaine and ingested the drug. Respondent tested positive for the drug cocaine. STATUTORY VIOLATIONS COUNT 1: 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 his effectiveness as an employee of the school board. COUNT 2: 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 rules. RULE VIOLATIONS COUNT 3: 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, 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. r EXECUTED on this_ 2¢ day of oar , 2000. Commissioner of Education, State of Florida

Docket for Case No: 03-000332PL