STATE OF FLORIDA EDUCATION PRACTICES COMMISSION GERARD ROBINSON, as Commissioner of Education, Petitioner, VS. CASE NO. 090-1664 DEENA LOUISE NEWTON, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Gerard Robinson, as Commissioner of Education, files this Administrative Complaint against DEENA LOUISE NEWTON. 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 734493, covering the areas of Educational Leadership, Elementary Education, English for Speakers of Other Languages (ESOL), and Primary Education, which was valid through June 30, 2011. 2. At all times pertinent hereto, the Respondent was employed as a Teacher in the Broward County School District. MATERIAL ALLEGATIONS 3, During the 2008-2009 school year, the Respondent was assigned to Lake Forest Elementary School. The Respondent was incapable or unable to fully supervise her students and provide instruction on several occasions. Specifically: (a) the Respondent fell asleep or nodded off in class; (b) the Respondent’s speech was slurred; Filed June 28, 2012 9:41 AM Division of Administrative Hearings DEENA LOUISE NEWTON Administrative Complaint. Page 2 of 4 (c) the Respondent was unsteady on her feet, lost her balance, and was unable to coordinate tasks; : (d) the Respondent’s eyes were glassy; (e) the Respondent had difficulty organizing her classroom and materials; (f) the Respondent failed to properly supervise student conduct and behavior; (g) the Respondent was sent home on at least one occasion because she was unable to carry out her duties; and (h) the Respondent was excessively absent and failed to properly notify the school of her absences during the school year. 4. During the 2008-2009 school year, the Respondent engaged in conduct outside of the classroom that indicated that she was impaired and unable to function. Specifically: (a) the Respondent called a parent after 10:00 p.m. and appeared to the parent to be under the influence of a substance, causing the parent to file a complaint with the school; and (b) during a faculty breakfast in June of 2009, the Respondent consumed medication from “a prescription bottle, fell asleep, and slurred her speech, causing colleagues to be concerned for the Respondent. 5. During the 2009-2010 school year, the Respondent was assigned to Flamingo Elementary School. The Respondent was incapable or unable to fully supervise her students and provide instruction on several occasions. Specifically: (a) the Respondent fell asleep or nodded off in class; (b) the Respondent was unsteady on her feet; (c) the Respondent failed to properly supervise student conduct and behavior; and (d) the Respondent failed to properly notify the school of her absences and late arrivals and provide lesson plans for her class. 6. During an after-school meeting with several other teachers in February of 2010, the Respondent fell asleep, had slurred speech, had difficulty walking, appeared unable to focus and was inattentive. _ DEENA LOUISE NEWTON Administrative Complaint Page 3 of 4 7. On or about September 24, 2010, the Broward County School District notified the Respondent of its intention to terminate her employment based upon the conduct alleged herein. 8. On or about April 26, 2011, the Respondent and the Broward County School Board entered into an agreement which included the stipulations that the Respondent complete a substance abuse treatment program through the district’s Employee Assistance Program and submit to drag and alcohol tests. The Respondent agreed that any violation of the agreement, including her refusal to be tested, or future disciplinary action would result in termination. 9. In May of 2011, the Respondent was directed by district officials to submit to random drug and alcohol testing. The Respondent failed to comply with the directive and did not submit to a test. . 10. On or about May 24, 2011, the Broward County School District notified the Respondent of its intention to terminate the Respondent for her violation of the April 26, 2011, agreement. 11. Onor about June 1, 2011, the Respondent submitted a letter of resignation to the district. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(c), Florida Statutes, in that Respondent has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school. COUNT 2: The Respondent is in violation of Section 1012.795(1)(g), Florida Statutes, in that Respondent has been found guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board. COUNT 3: 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 VIOLATIONS COUNT 4: 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. DEENA LOUISE NEWTON Administrative Complaint Page 4 of 4 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. 20°? day of Decenboer 2011. Conunissioner of Education State of Florida

Docket for Case No: 12-002275PL