oe 04 MCT 21 PHI2: 3h STATE OF FLORIDA a EDUCATION PRACTICES COMMISSION WIV ADMINISTRAL VE HEARINGS JIM HORNE, as Commissioner of Education, Petitioner, vs. CASE NO. 023-1086-S ALI HERNANDEZ, Srl ANA / ( ( ; ( | AX|lo L Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against ALI HERNANDEZ. 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 839175, covering the areas of Foreign Language-Spanish and Business Education, which is valid through June 30, 2004. 2. At all times pertinent hereto, the Respondent was employed as a Teacher of English to Speakers of Other Languages (ESOL) at Southwest Middle School in the Orange County School District. MATERIAL ALLEGATIONS 4 3. During the 2002-2003 school year, the Respondent engaged in inappropriate conduct with students by discussing sexual matters with her ESOL class. She described to students her first sexual encounter, the "days of the month a girl could get pregnant,” or words to that effect, and “getting laid," or words to that effect. In so doing, the Respondent communicated misleading information about sexual intercourse. She also neglected to teach the ESOL curriculum she was assigned to teach. On or about November 22, 2002, she received a letter of reprimand for discussing ALI HERNANDEZ Administrative Complaint Page 2 of 3 inappropriate matters of a sexual nature with students during class. She also received a directive instructing her to limit her discussions with students to professional matters and avoid conversations ofa personal nature. Her employment (temporary status) was not renewed at the end of the 2002- 2003 school year and ended on or about May 29, 2003. STATUTE VIOLATIONS COUNT 1: The Respondentis in violation of Section 1012.795(1 )(f), Flonda Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT2: 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)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. ALI HERNANDEZ 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. it EXECUTED on this 7 day of Tule , 2004. C&mmissioner of Education State of Florida

Docket for Case No: 04-003816PL