STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, | (- 3 j ¢] p L Petitioner, Ys. CASE NO. 078-3380 MARY C, MAGERS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against MARY C. MAGERS. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to Sections 1012.315; 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 278380, covering the areas of Elementary Education and Varying Exceptionalities, which is valid through June 30, 2012. 2. Atall times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Crystal Lake Elementary School in the Polk County School District. MATERIAL ALLEGATIONS 3. Respondent has a history of handling students in a rough manner including but not limited to spanking or hitting students. On or about November 1, 1996, the Education Practices Commission issued a final order accepting a settlement agreement between Respondent and the Commissioner of Education sanctioning Respondent’s Educator Certificate for inappropriate discipline. MARY C. MAGERS Administrative Complaint Page 2 of 3 4, During the 2007/2008 school year, Respondent used inappropriate discipline to control her pre-kindergarten to third grade, Exceptional Student Education (ESE) students. Examples of Respondent’s conduct included but are not limited to the following: A. On or about August 31, 2007, Respondent repeatedly slapped the legs of C.C., an 8 year-old, female student, in an attempt to get C.C. to remain in her seat. B. During the fall 2007 semester, Respondent slammed C.C.’s shoes onto C.C.’s back when the student removed them during class. Cc. As a general practice, Respondent sat on the legs of students in an effort to make them calm down when they were upset. The Petitioner charges: STATUTE VIOLATIONS COUNT1: The Respondentis in violation of Section 1012.795(1}{j), 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 2: 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 3: 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. (SIGNATURE ON FOLLOWING PAGE) MARY C. MAGERS 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; determining the Respondent to be ineligible for certification; 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 | (e day of Ybcu Ory , 2004. Commissioner of Education State of Florida

Docket for Case No: 10-003181PL