' KAY B. MILLER, STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JIM HORNE, as Commissioner of Education, Petitioner, VS. CASE NO. 023-0564-S O4- ays PL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against KAY B. MILLER. 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 672284, covering the areas of Elementary Education and English to Speakers of Other Languages (ESOL), which is valid through June 30, 2006. 2. At all times pertinent hereto, the Respondent was employed as a Sth Grade Teacher at Lovell Elementary School, in the Orange County School District. MATERIAL ALLEGATIONS A 3. During the 1997-1998 school year, a parent alleged the Respondent threw her child's work on the floor, grabbed him out of his chair, squeezed his cheeks and called him a liar. On or about February 6, 1998, she received directives from the principal which included: students may be touched only as necessary to perform professional responsibilities and to avoid the appearance of verbal intimidation while dealing with students. This incident was not reported to the Bureau of Professional Practices Services. KAY B, MILLER Administrative Complaint Page 2 of 3 4. During the 1999-2000 school year, a parent alleged the Respondent poked her child onthe shoulder with her fingernail. The principal issued the Respondent a directive which included: students may be touched only as necessary to perform professional responsibilities, and to avoid the inappropriate use of physical force and the use of corporal punishment when dealing with students. This incident was not reported to the Bureau of Professional Practices Services. 5. Onor about October 26, 2000, the Respondent received an employee conference from her principal for allegations of use of inappropriate language in the classroom toward a student. The Respondent acknowledged the incident. On or about October 30, 2002, she received directives which included limiting discussion with students to professional matters and avoiding even the appearance of verbal intimidation. This incident was not reported to the Bureau of Professional Practices Services. 6. On or about August 23, 2003, the Respondent tolda student that she [the Respondent] would "beat her ass." The Respondent acknowledged the incident . She was issued a directive and a letter of reprimand from her principal on or about September 9, 2002. She continues to be employed. STATUTE VIOLATIONS psa ith SS ———_—S COUNT 1: The Respondent is in violation of Section 1012.795(1 )(i), Florida Statutes, in that Responder 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. KAY B. MILLER 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 thereo f, 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 At day of Mage 2004. Commissioner of Education State of Florida

Docket for Case No: 04-003865PL