vép 2c “ 9 STATE OF FLORIDA Of, AM I: EDUCATION PRACTICES COMMISSION “4 Te : . 16 W/O ee EADY e 1; vo JIM HORNE, as Commissioner of Education, Petitioner, VS. CASE NO. 023-0206-c BRENDA J. PETKANICS, , l | —w™—T Uy 4 PL Respondent. ~ ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against BRENDA J. PETKANICS. 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 Professiona] 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 703793, covering the areas of Emotionally Handicapped, Mentally Handicapped, Specific Learning Disabilities, and Pre- Kindergarten Disabilities, which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Pre-Kindergarten Exceptional Education Teacher at Oakcrest Elementary School in the Marion County School District. MATERIAL ALLEGATIONS 3, During Spring 2001 and the 2001-2002 school year, Respondent engaged in inappropriate and unprofessional conduct with pre-Kindergarten-aged, exceptional educational students. In general, Respondent engaged in a pattern of mistreatment of these students which included rough handling, inappropriate use of physical force, and abusive or loud tones of voice not suitable for the circumstances and the children involved. More specifically, Respondent's BRENDA J. PETKANICS Administrative Complaint Page 2 of 4 inappropriate conduct included, but is not limited to, the following. a) b) 8) D On or about March 15, 2001, Respondent forced S.H., a female student, to eat breakfast by holding the child’s mouth closed. S.H. was crying and upset. On or about August 17, 2001, Respondent inappropriately disciplined H., a male student who had stepped out of the line, by squeezing his cheeks together. H. cried. On or about August 21, 2001, Respondent held a cover tightly over the face of A., a male student, during nap time. On or about August 23, 2001, Respondent kicked L., a male student, in the back when he did not sit still during storey time. On or about September 6, 2001, Respondent pushed A, a male student who had gotten up to go to the bathroom, so hard that he feli down. A. cried. On or about November 5, 2001, Respondent grabbed L. and H., both male students, by the neck and shoved food in their mouths. In early 2002, Respondent held J. upside down by his leg until he vomited. On or about March 1, 2002, Respondent pulled the chair out from under J., a male student, causing him to hit his head. J. cried and a bump appeared on his head later that afternoon. Respondent noted in J.’s file that he was playing around, fell out of his chair and hit his head. After J. hit his head, Respondent threw L.’s milk out causing him to cry. After Spring break 2002, Respondent slapped A., a male student, when he put a Lego in his mouth. A. cried. On or about April 2, 2002, A., a male student woke early from his nap. Respondent covered his head with a blanket or other object and kept in place with her feet. A. cried. On or about April 26, 2002, A., a male student, was on new medication that caused him to be very quiet. Respondent made A. stand in front of the other children during circle time. A. began to cry. When A. got on the floor, Respondent pulled both his arms to his back and stepped on both his legs. On or about April 30, 2002, Respondent pulled L.’s ear so hard it turned red when BRENDA J. PETKANICS Administrative Complaint Page 3 of 4 he would not give Respondent a fork. m) On or about May 1, 2002, Respondent slapped J., a male student, in the face. Additionally, Respondent dealt with student outbursts in an inappropriate and unprofessional manner. In response to a student who banged his or her fist ona table, Respondent would bang their hands on the table or feet on the floor. In response to a student crying on the floor, Respondent would bang his or her head on the floor. 2. On or about May 8, 2002, Respondent was placed on administrative leave. On or about August 1, 2002, she returned from administrative leave. Thereafter, Respondent was transferred to teach at Pediatrics Health facility. 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 101 2.795(1)(£), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT3: 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. COUNT 5: 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. BRENDA J. PETKANICS Administrative Complaint Page 4 of 4 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. ioe ae EXECUTED on this 27 day of i) 2004. a mmissioner of Education State of Florida

Docket for Case No: 04-003562PL