LET STATE OF FLORIDA obs EDUCATION PRACTICES COMMISSION“ SEP -2 PM 1:29 } -. JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-1728-B BARBARA M. RODRIGUEZ aa onan j O | S14 PL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against BARBARA M. RODRIGUEZ. 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 752307, covering the area of History, which is valid through June 30, 2008. 2. Atall times pertinent hereto, the Respondent was employed as a Bilingual Curriculum Teacher at Miami Springs Middle School, in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. During the 2001-2002 school year, the Respondent engaged in an inappropriate relationship with K.A., a male student who was in the eighth grade at the time. The Respondent held hands with K.A. on school grounds, transported K.A. in her personal vehicle while sharing a cigarette with him and permitted him to drive her car without a driver's license. On or about April 21, 2003, a conference-for-the-record was conducted during which the Respondent was issued a directive not to transport students in her personal vehicle. The Respondent was also issued a referral to the District's support agency. She continues to be employed. BARBARA M. RODRIGUEZ Administrative Complaint Page 2 of 3 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)(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 3: 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 4: | The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(b), Florida Administrative Code, in that Respondent has unreasonably restrained a student from independent action in pursuit of learning. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(4)(c), Florida Administrative Code, in that Respondent has used inst itutional privileges for personal gain or advantage. BARBARA M. RODRIGUEZ 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 _/02)_ day of MA drthe , 2004. Fj Ye J ORNE, as Cémmissioner of Education State of Florida

Docket for Case No: 04-003119PL