DY 40 PE STATE OF FLORIDA F / fo Erp EDUCATION PRACTICES COMMISSION " © 80 Fa a? 5 JOHN L. WINN, as 4 oid ViSigu Commissioner of Education, UN Sp HEA Dip Alive WG a Petitioner, vs. CASE NO. 034-2539-V CONSTANCE ABBOTT RAY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Jobn L. Winn, as Commissioner of Education, files this Administrative Complaint against CONSTANCE ABBOTT RAY. 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 542170, covering the areas of Early Childhood Education, Elementary Education and Reading, which is valid through June 30, 2009. 2. At all times pertinent hereto, the Respondent was employed as a Pre-Kindergarten, VE Teacher at Joyce Bullock Elementary School in the Levy County School District. MATERIAL ALLEGATIONS 3. During school years 2000-2001 through 2003-2004, the Respondent utilized excessive and improper physical force on numerous occasions with pre-kindergarten, developmentally delayed children in her care. Among many other incidents, the Respondent: | (a) picked up a student by the shoulders and set him down at a table with such force that the child's head hit the edge of the table in front of him; CONSTANCE ABBOTT RAY Administrative Complaint Page 2 of 3 (b) carried a child by his arm, pulling him up and down like a yo-yo; (c) placed her legs over a child and used one hand to hold his head and one hand to hold his feet as a means to force the child to lie down at nap time; (d) held a female child down on a mat on several occasions to force the child to lie down at nap time; (e) directed an aide to carry a student who was having a seizure down to the bus loading area in spite of his physical condition; and (£} forced a child's hands behind his back, clamped them together with her hands and shook the child. 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. COUNT 2: The Respondent is in violation of Section 1012.795(1)(), 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 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 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. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(f), Florida Administrative Code, in that Respondent has intentionally violated or denied a student’s legal rights. CONSTANCE ABBOTT RAY Administrative Complaint Page 3 of 3 COUNT 7: _ The allegations of misconduct set forth herein are in violation of Rule 6B- 1.006(3)(g), Florida Administrative Code, in that Respondent has harassed or discriminated against a student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination. 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 recomrnends 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 or a 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 educator’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 years or permanently. a rd EXECUTED on this 3 day of lpr. Z_, 2006. Commissioner of Education State of Florida

Docket for Case No: 08-004190PL