STATE OF FLORIDA le EDUCATION PRACTICES COMMISSION On JIM HORNE, as . ae Commissioner of Education, ~ Petitioner, vs. CASE NO. 012-1044-V ’ DAN PETRESCU, Respondent. 0 Y . 3 AB PL ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against DAN PETRESCU. 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 700481, covering the area of Music, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Teacher at Henry E.S. Reeves Elementary School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2001-2002 school year, the Respondent engaged in inappropriate discipline of students. These incidents include, but are not limited to: a) pushing student M.C. in the chest (M.C. is a female student whose date of birth is November 11, 1991), causing “her heart to hurt,” or words to that effect; b) hitting student K.W. on the back of her head (K.W. is a female student whose date DAN PETRESCU Administrative Complaint Page 2 of 2 of birth is November 1, 1990); c) grabbing student K.M.'s arm and squeezing it (K.M. is a male student whose date of birth is August 17, 1991). 4. On or about November 6, 2001, a conference-for-the-record was held and the Respondent was issued directives. He continues to be employed. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(i), 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 2: 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 health and/or safety. COUNT 3: 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. 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 the Explanation and Election of Rights forms which are attached hereto and made a part hereof by reference. EXECUTED on this 247% day ot WY , 2004. Ry J ORNE, as Cémmissioner of Education State of Florida

Docket for Case No: 04-002389PL