STATE OF FLORIDA EDUCATION PRACTICES COMMISSION JEANINE BLOMBERG, as OS: 0136 P L Commissioner of Education, Petitioner, vs. CASE NO. 056-3654-B BRENDA TESSIER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jeanine Blomberg, as Commissioner of Education, files this Administrative Complaint against BRENDA TESSIER. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s cducator’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 705764, covering the areas of Elementary Education and Primary Education, which is valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was cmployed as a Kindergarten Teacher at Sexton Elementary School in the Pinelias County School District. MATERIAL ALLEGATIONS 3. During the 2005-2006 school year the Respondent engaged in inappropriate and unprofessional conduct in that she: (a) made demeaning comments about one or more of her students m front of the student; (b) screamed at a kindergarten student to "sit your butt down" in a voice so loud that teachers in other classrooms overheard the remark; and BRENDA TESSIER Administrative Complaint Page 2 af 3 (c) lifted a kindergarten student offa bicycle by grabbing him by the arm and pulling him off it. , 4. Prior to the 2005-2006 school year the Respondent had been both counseled and reprimanded for similar incidents with her students. STAT VIGLATION 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. COUNT 2: — 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 LATIONS 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 harmiul to learning and/or to the student’s mental health and/or physical health and/or safety. COUNT 4: The allegations of misconduct sct forth herein are in violation of Rule 6B- 1.006(3)(c), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) BRENDA TESSIER Administrative Complaint Page 3 of 3 WHEREFORE, based on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached to and made a part of this Administrative Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’s educator’s certificate pursuant to the authority provided in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not limited to, any one ora combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice; assessing the Respondent an administrative fine; directing the Respondent to enroll in the Recovery Network Program; suspending the Respondent’s educator’s certificate for a period of time not to exceed five years; revoking the Respondent’s cducator’s certificate for a period of time up to 10 years or permanently; or barring the Respondent from reapplying for an educator’s certificate for a period of time up to 10 ycars or permanently. EXECUTED on this 21 day of ave YE, 2007. JEANINE BLOMBERG, as Commissioner of Education State of Florida

Docket for Case No: 08-000136PL