CHCES FLORIDA DEPARTMENT OF EDUCATION a5acT 2! PH 3 STATE BOARD OF EDUCATION John L. Winn Commissioner of Education F. PHILIP HANDY, Chairman T. WILLARD Fate, Vice Chairman Members “ust Read, DONNA G. CALLAWAY someonidal Juia L. JOHNSON ROBERTO MARTINEZ —_ j PHOEBE RAULERSON 05 ~ | 0 l b PL Linpa K, TAyLon. July 22, 2005 CERTIFIED MAIL Ms. Arrie Cherry RE: Finding of Probable Cause 316 Richardson Avenue Southwest Case No: 034-2618-Q Live Oak, Florida 32064-4958 SSN: 265-92-0024 Dear Ms. Cherry: Pursuant to the provisions dr 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 Staats, 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, ila John L. Winn mwi/wj ENCLOSURES 325 W. GAINES STREET + SUITE 224-E + TALLAHASSEE, FL 32399-0400 - (850) 245-0438 « (850) 245-0621 (Fax) eg SSH Do Oo « STATE OF FLORIDA O% “p * OK ere, EDUCATIONGERACTICHSIOMMISSION RES “14 : GoiaG SF BPO. Ba JOHN L. WINN, as SS Ly, Commissioner of Education, o Petitioner, vs. CASE NO. 034-2618-Q ARRIE LOIS CHERRY, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, John L, Winn, as Commissioner of Education, files this Administrative Complaint against ARRIE LOIS CHERRY. 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 290974, covering the areas of Elementary Education and Mentally Handicapped, which is valid through June 30, 2007. 2. At all times pertinent hereto, the Respondent was employed as an ESE Teacher at Howard Middle School in the Jefferson County School District. MATERIAL ALLEGATIONS 3. On or about April 29, 2004, Respondent shot at two law enforcement officers who were attempting to take her into custody under the Baker Act. Respondent was arrested and charged with two counts of Attempted First Degree Murder of Law Enforcement Officer. Adjudication is pending. On or about May 3, 2004, the school board suspended Respondent from her teaching position. On or about May 27, 2004, the court found that Respondent was incompetent to stand trial, that she had severe psychosis, and that her thinking was significantly impaired. Respondent was remanded to the custody of the Department of Children and Families for inpatient hospitalization ARRIE LOIS CHERRY Administrative Complaint Page 2 of 2 until she is deemed mentally competent to stand trial. **NOTE: This paragraph contains confidential medical information not subject to public disclosure.** STATUTE VIOLATIONS COUNT1: The Respondent is in violation of Section 1012.795(1)(b), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. COUNT 2: 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. COUNT3: 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. , COUNT4: The Respondentis in violation of Section 1012.795(1)(j), Florida Statutes, in that Respondent has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate. 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 on this “L2 day of my uly , 2005. | eh lothes. Commissioner of Education State of Florida

Docket for Case No: 05-004015PL