STATE OF FLORIDA “ly EDUCATION PRACTICES COMMISSION ; ‘2 on JIM HORNE, as . Commissioner of Education, , Petitioner, vs. CASE NO. 012-1743-Q SHEILA R. BYER, OY -DAIOPL Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against SHEILA R. BYER. 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 517460, covering the area of Psychology, which is valid through June 30, 2004. 2. Atall times pertinent hereto, the Respondent was employed as an Art Teacher at Rock Lake Elementary School in the Orange County School District. MATERIAL ALLEGATIONS 3. In January, 2002, the Respondent was informed by a female student that a male student had forced a three-year-old male child to perform oral sex on him. The male student then confirmed with the Respondent that he did have sex with the child. The Respondent failed to report the child sexual abuse to the Department of Children and Families' ("DCF's") abuse hotline, as required by Section 39.201(1)(a), Florida Statutes. Subsequently, the Respondent leamed that the same male student had been involved in an incident of sexual misconduct with a second grade SHEILA R. BYER Administrative Complaint Page 2 of 3 female student. She went to her fellow fifth grade teachers’ meeting and asked if they felt she needed to report the male student to the guidance counselor, When the principal learned of the incident after the meeting, she instructed the Respondent to call and report the incident to DCF. The Respondent refused. The principal then escorted the Respondent to the guidance counselor's office and told her the guidance counselor would assist her in making the call. The principal later leamed that the guidance counselor had made the phone call to DCF, not the Respondent. On or about March 1, 2002, the Respondent received a letter of reprimand for, among other things, willful neglect of duty. On or about August 5, 2002, the Respondent was transferred to Memorial Middle School to teach Educable Mentally Handicapped students. She continues to be employed. STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude. COUNT 2: The Respondent is in violation of Section 1012.795(1)(f), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 3: 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 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 health and/or safety. SHEILA R. BYER Administrative Complaint Page 3 of 3 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__/O _ dayof_Jfarcd _, 2004. ommissioner of Education State of Florida

Docket for Case No: 04-002390PL