STATE OF FLORIDA EDUCATION PRACTICES COMlVIISSI0N

DR. ERIC J. SMITH, as

Commissioner of Education,

Petitioner,

vs. CASE NO. 089-3125

CERESTA SMITH,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against CERESTA SMITH. The Petitioner seeks the appropriate disciplinary sanction of the Respondent's educator's certificate pursuantto Sections 1012.3 i5, 10i2.795, and i0 12.796, Flori da 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 652405, covering the area of Englis h, which is valid through June 30, 2011.

   
   

2. At all times pertinent hereto, the Respondent was employed as a Reading Coach at

   .A:iami Norlai.1.d Senior High Schoo! in the Miami-Dade County School District.

   
   

   MATERIAL ALLEGATIONS

   
   

3. On or about December 19, 2008, Respondent, in an attempt to reverse the transfer of

another teacher, sent an electronic mail message to approximately 43 recipients, some of whom were

not employed by or connected to the school system. Respondent, in violation of student privacy rights, attached a file to the electronic mail containing lists of students at her school, the students' Social Secmity numbers and t.he students' test results on the Florida Comprehensive Assessment Test (FCAT).

Filed June 16, 2011 3:05 PM Division of Administrative Hearings

The Petitioner charges:

STATUTE VIOLATIONS

COUNT l: The Respondent is 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.

Rm,1<; VIOLATIONS

COUNT 2: The allegations of misconduct set forth herein are in violation of Rule 6B­ l.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- i.006(3)(f), Florida Administraiive Code, in that Respondent has intentionally violated or denied a student's legal rights.

(SIGNATURE ON FOLLOWING PAGE)

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 AcLministrative 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 fer any period of time; restricting the Respondent's autl-iorized 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 lip 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.

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EXECUTED on this --''-'---_day of Cv< <-=h - • 2010.

Commissioner of Education State of Florida

Docket for Case No: 11-003014PL