STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 089-2544 NANCY ANN PTACER, Respondent, ADMINISTRATIVE COMPLAINT. Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against NANCY ANN PTACEK. 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: SURISDICTION 1. The Respondent holds Florida Educator’s Certificate 707573, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2011. 2. At all times pertinent hereto, the Respondent was employed as a Fourth Grade Teacher at Ridgewood Park Elementary School in the Orange County Schoo! District. MATERIAL ALLEGATIONS 3. During the 2008-2009 school year, the Respondent engaged in inappropriate conduct towards her fourth grade students. Specifically, (a) The Respondent made disparaging comments to students and called students names, including but not limited to “dogs,” “garbage,” “no good” and “worthless;” and (b) The Respondent used profanity in front of and directed towards her studenis. Filed February 16, 2011 9:43 AM Division of Administrative Hearings NANCY ANN PTACEK Administrative Complaint Page 2 of 3 4, During the 2008-2009 school year, the Respondent failed to properly supervise students. Specifically: (a) The Respondent used her classroom computer for personal activities and was otherwise distracted during class time; (b) The Respondent did not intervene or stop students from engaging in horseplay and misconduct; and (c) On or about March 2, 2009, the Respondent allowed male student M.J. to run into a classroom while chasing a classmate. M.J. was injured while unsupervised in the classroom. The Petitioner charges: STATUTE VIGLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral turpitude as defined by rule of the State Board of Education. COUNT2: The Respondent is 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 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 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)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to urinecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) NANCY ANN PTACEK 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 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. =" “ i EXECUTED on this_ 2.1 day of De uly , 2010. Commissioner of Education State of Florida

Docket for Case No: 11-000742PL