STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as D4: Dw PU Commissioner of Education, Petitioner, vs. CASE NO. 067-2389-P HEATHER JEAN OVALLES, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against HEATHER JEAN OVALLES. 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 990627, covering the area of Exceptional Student Education, which is valid through June 30, 2010. 2. At all times pertinent hereto, the Respondent was employed as a Teacher of the Emotionally Handicapped at Oak Park Elementary School in the Brevard County School District. MATERIAL ALLEGATIONS 3. On or about December 14, 2006, the Respondent was arrested and charged with manufacture of marijuana, as follows: In the County of Brevard, State of Florida, on December 14, 2006, the Respondent did manufacture, to wit: propagate, cultivate, or grow, a controlled substance named or described in Florida Statute 893.03(1)(c)7, to wit: CANNABIS, contrary to Section 893.13(1)(a)2, Florida Statutes. HEATHER JEAN OVALLES Administrative Complaint Page 2 of 2 4. On or about November 30, 2007, the Respondent pled guilty to this charge, and the court withheld adjudication The Petitioner charges: 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)(8, 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 Respondentis in violation of Section 1012.795(2), Florida Statutes, which provides that the plea of guilty in any court or the decision of guilty by any court is prima facie proof of grounds for the revocation of the certificate. 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 imposé 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 petiod 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. EXECUTED on this 2U™ day of aly , 2008. Comrsiésioner of Education State of Florida

Docket for Case No: 09-002126PL