a af STATE OF FLORIDA O2 on, > SP EDUCATION PRACTICES COMMISSION vcP 25 a JIM HORNE, as Pes os, 5? Commissioner of Education, on o> Petitioner, vs. Case No.: 012-1680-M SHARON MILLER-KENNEDY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative- Complaint against Sharon Miller-Kennedy. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.795 and 1012.796, 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 1012.795 (1) and 1012.796 (7), Florida Statutes. The Petitioner alleges: JURISDICTION 1, The Respondent holds Florida educator’s certificate 381975, covering the areas of elementary education and English to speakers of other languages. which is valid through June 30, 2005. 2. At all times pertinent hereto the Respondent was employed as 4 teacher at Northside Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3, On or about August 14, 2000, the Respondent entered into a written settlement agreement with the Petitioner to settle a prior Administrative Complaint. The settlement agreement was adopted by the Education Practices Commission Final Order entered on November 3, 2000. 4. During the 2000-2001 school year, the Respondent used inappropriate, unauthorized and excessive physical force in disciplining elementary students in her Sharon Miller-Kennedy Administrative Complaint Page 2 of 3 classroom. The Respondent used a ruler, pointer stick or other wooden object to strike her students on the knuckles, hands, arms, shoulders, legs and other areas of their bodies as a form of punishment. 5. Each instance of misconduct described in paragraph four constitutes a violation of the terms of her probation as set forth in the Education Practices Commission Final Order entered on November 3, 2000. STATUTORY VIOLATIONS COUNT 1: The allegations of misconduct set forth herein are in violation of Section 1012.795 (1) (c), Florida Statutes, in that the Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The allegations of misconduct set forth herein are in violation of Section 1012.795 (1) (i), Florida Statutes, in that the Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida prescribed by the State Board of Education. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (3) (a) F.A.C., in that the Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (3) (e) F.A.C., in that the Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B-1.006 (5) (0) F.A.C., in that the Respondent has failed to comply with the- conditions of an order of the Education Practices Commission imposing probation. WHEREFORE, the Petitioner recommends that the Education Practices Commission impose an appropriate penalty pursuant to the authority provided in Sections 1012.795 (1) and 1012.796 (7), 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 Sharon Miller-Kennedy Administrative Complaint Page 3 of 3 the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this Jo day of tops Ualite , 2003. mmissioner of Education, State of Florida

Docket for Case No: 03-003506PL