STATE OF FLORIDA EDUCATION PRACTICES COMMISSION as Fag 9 1 50 JIM HORNE, as Commissioner of Education, Petitioner, VS. CASE NO. 989-0969-M ELIZABETH M. MCDEAVITT, OS OVOS PL Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jim Horne, as Commissioner of Education, files this Administrative Complaint against ELIZABETH M. MCDEAVITT. 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 583153, covering the areas of English, English to Speakers of Other Languages (ESOL), Mentally Handicapped, and Music, which is valid through June 30, 2005. 2. At all times pertinent hereto, the Respondent was employed as a Special Education Teacher at Okeechobee High School in the Okeechobee County School District. MATERIAL ALLEGATIONS 3. During the 1997-1998 and 1998-1999 school years, Respondent physically and mentally abused numerous special-education high school students. Respondent's actions included mental abuse of students through yelling, intimidation and disparaging comments. Respondent also engaged in such physical abuse as hitting the students with her hand or fist or other objects and pulling ofhair. In particular, Respondent hit one student on the hand with a stapler, grabbed another student by the hair and hit him on the chest over his pacemaker until he cried, and hit a student with ELIZABETH M. MCDEAVITT Administrative Complaint Page 2 of 3 a phone and threw a chair and stapler at her. On or about September 24, 1998, Respondent was arrested and charged with 12 counts of Child Abuse relating to J.M. (two counts), L.P.G. or P.L.G. (five counts), R.M. (two counts), .M. (one count), A.M. (one count), and A.B. (one count). On or about January 27, 1999, the state attorney’s office filed an amended information for 6 counts of child abuse. On or about October 29, 2002, the state attorney’s office file a Nolle Prosequi as to all counts. The school board reassigned Respondent after her arrest. 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. COUNT2: TheRespondentis 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 schoo] board. COUNT 3: The Respondent is in violation of Section 101 2.795(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. ELIZABETH M. MCDEAVITT 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. a EXECUTED on this 2 Tey of ) uty , 2004. Yommissioner of Education State of Florida

Docket for Case No: 05-000503PL