STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as 6%. YO PL Commissioner of Education, Petitioner, vs. CASE NO. 045-3337-B ISMAEL DELGADO, Respondent. AD STRATIVE COMPI.. Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against ISMAEL DELGADO. 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 638667, covering the areas of Emotionally Handicapped and Psychology, which is valid through June 30, 2008. 2. Atall times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Booker T. Washington and Ponce de Leon Middle School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about March 20, 2007, Respondent became involved in an altercation with E.R., atwelve-year-old, female student. During the altercation Respondent used profanity and called E.R. “stupid.” When E.R. attempted to leave the room, Respondent grabbed her by her backpack, pulling her hair, and forced her back to her seat where Respondent attempted to sit on her. On or about June 1, 2007, Respondent’s principal issued him a letter of reprimand in relation to the incident. ISMAEL DELGADO Administrative Complaint Page 2 of 3 4. On or about April 20, 2007, students in Respondent’s classroom complained of fumes coming in from the outside but Respondent refused to close the classroom door. H.C., a fourteen-year-old, female student, complained of feeling ill from the fumes and asked to go to the nurse’s office. Respondent refused to let A.C. leave and attempted to physically restrain her. On or about September 10, 2007, the district issued a letter of reprimand to Respondent in response to the incident. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respor-dent 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 Respondentis in violation of Section 1012.795(1)(), 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 3: The allegations of misconduct set forth herein aré in violation of Rule 6B- 1.0063 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 4: The allegations of misconduct set forth herein are in violation of Rule 6B- 1,006(3)(€), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. by (SIGNATURE ON FOLLOWING PAGE) ISMAEL DELGADO 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 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. EXECUTED on this / i Hay of Jen AOGF 4 , 2008. Commissioner of Education State of Florida

Docket for Case No: 09-003827PL