\OFEDUCATION 38a OCT 31 PH J: 29 FLORIDA DE gsoct 2} PH STATE BOARD OF EDUCATION DIVES {ON OF John L. Winn F. PHitur HANDY, Chainnan ADPINIS TRATIVE Commissioner of Education T. WILLARD FAIR, Yice Chairman CARIN GS HW ‘Just Read. Members ps rEloridal ° Donna G. CALLAWAY JULIA L, JOHNSON ROBERTO Martinez paoene Rann ceon )5- 4004 PL Linpa K. TAYLOR. February 17, 2005 CERTIFIED MAIL Ms. Frances Lyons RE: Finding of Probable Cause 8573 Northwest 1st Street Case No: 023-0358-M. Coral Springs, Florida 33071 . SSN: 579-66-8225 Dear Ms. Lyons: Pursuant to the provisions of Sections 1012.796 and 1012.795, Florida Statutes, and Rule 6A-4.037, Florida Administrative Code (Rules of the State Board of Education), I find that probable cause exists to justify sanctions against your certificate as provided in Sections 1012.796(6) and 1012.795(1), Florida Statutes, which penalties may include reprimand, probation, restriction of the scope of practice, suspension not to exceed five years, revocation not to exceed ten years or the permanent revocation of your Educator Certificate. An Administrative Complaint, Explanation and Election of Rights forms have been enclosed. Should you have any questions regarding this matter, contact the Office of Professional Practices Services, Turlington Building, Suite 224-E, Tallahassee, Florida 32399, (850) 245-0438. Please govern yourself accordingly. Sincerely, 4 f LU 242 John L. Winn mwl/wj ENCLOSURES 325° W. Gaines STREET - SUITE 224-E~ TALLAHASSEE, FL 32399-0400" (B50) 245-0438 "= (850) 245-062 T (Fax) Enea EDUCATION maacruscnne Bomspy £ 0} Vio hag A A 3/0, JOHN L. WINN, as a Ms r Lo Commissioner of Education, “AR, ING 3 VE Petitioner, vs. . CASE NO. 023-0358-M FRANCES C. LYONS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, John L. Winn, as Commissioner of Education, files this Administrative Complaint against FRANCES C. LYONS. 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 458542, covering the areas of Elementary Education and English to Speakers of Other Languages, which is valid through June 30, 2008. 2. At all times pertinent hereto, the Respondent was employed as a Fifth Grade Teacher at Riverside Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about April 23, 2002, Respondent was in possession and under the influence of alcohol at school in violation of school board policy. On this day, Respondent was observed by at least one student consuming a mixed drink. The student’s parent reported the incident to school officials. FRANCES C. LYONS Administrative Complaint Page 2 of 3 4, On or about April 25, 2002, Respondent's principal met with Respondent concerning the student’s allegation of April 23. During the meeting, Respondent gave a container of alcohol (vodka) to her principal. 5. On or about September 19, 2002, Respondent and the school board entered into a Disciplinary Action and General Release Agreement. As part of the agreement, Respondent was issued a letter of reprimand, suspended without pay for 10 days, and required to participate in the school district’s employee assistant program and submit to random drug testing for 2 years. 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: The Respondent is 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 school board. COUNT3: The Respondents 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. FRANCES C. LYONS O50CT21 PM 3:48 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 onthis_ /7 day of Jebusaney, 2005. \ Le, OHN L. WINN, as Commissioner of Education State of Florida

Docket for Case No: 05-004009PL