STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 112-0369 JOHN C. BUSH, | Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of ‘Education, files this Administrative Complaint against JOIN C. BUSH. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s éducitor’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 690325, covering the areas of Music and Physical Education, which is valid through June 30, 2013. 2. Atall times pertinent hereto, the Respondent was employed as a Physical Education Teacher at Fruit Cove Middle School in the St. Johns County School District, MATERIAL ALLEGATIONS 3. Respondent has a history of ignoring doctor and parent requests to excuse students from physical exercise for medical reasons. 4. In or around November 2009, Respondent required a female, middle school student to participate in physical exercise in spite of a note from the student’s parent asking Respondent to excuse the student from Physical Education due to asthma. Asa result, Respondent received a warning email from his assistant principal. JOHN C. BUSH Administrative Complaint Page 2 of 3 5. In or around April 2010, Respondent required a female, middle school student, to participate in physical exercise even though the student had presented Respondent with a doctor’s note excusing her from P.E. for one week. On or about April 22, 2010, Respondent’s principal issued Respondent a letter of concern instructing Respondent to honor medical excuses froma students’ parents or doctors. 6. On or about April 21, 2011, C.S., an eighth grade, female student suffering from Osgood-Schlatter disease, presented a note from her doctor to Respondent and to the school requesting that the student be excused from running more than 400 meters at a time in order to avoid aggravation of her condition. On or about May 13, 2011, Respondent received electronic mail from the school nurse asking Respondent to excuse C.S. from runnirig due to her medical condition, On of about May 19, 2011, Respondent instructed C.S. that she would have to complete a one mile run in order to pass Respondent’s class. Respondent further urged C.S. to complete the run on that day rather than another later date when the weather would be hotter. : The Petitioner charges: : ; ; STATUTE VIOLATIONS 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. 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 his effectiveness as an employee of the school board. ; COUNT3: 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. 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. COUNT 5: 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) JOHN C. BUSH 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 cettificate 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, amy 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 permatiently; 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 {0 years or permanently. ' EXECUTED on this Aa day of Deplen tee , 2012. PAM STE fea) Commissioner of Education State of Florida

Docket for Case No: 13-000111PL