STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. ERIC J. SMITH, as Commissioner of Education, Petitioner, vs. CASE NO. 078-3237 SHEILA R. BYER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Dr. Eric J. Smith, as Commissioner of Education, files this Administrative Complaint against SHEILA R. BYER. 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 517460, covering the areas of Psychology and Exceptional Student Education, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as an Emotionally Mentally Handicapped Teacher at Memorial Middle School in the Orange County School District. MATERIAL ALLEGATIONS 3. On or about June 27, 2005, the Education Practices Commission (“EPC”) entered a Final Order imposing discipline upon the Respondent for allegations relating to her failure to report possible sexual abuse of a child. Under the terms of the Final Order, the Respondent was required to take two in-service classes, one in child abuse issues and one in ethics, and Respondent was required to verify completion of the courses with the Bureau of Educator Standards. 4. The Respondent failed to timely complete the required courses, and the EPC issued an Order to Show Cause relating to her violation of the Final Order. On or about March 25, 2008, SHEILA R. BYER Administrative Complaint Page 2 of 3 the EPC issued an order granting an extension of time for the Respondent to complete the required courses and allowed the Respondent to complete them online. The Respondent was to have completed the courses by the December 2008 EPC meeting date. To date, the Respondent has not verified completion of the required classes. 5. During the 2007/2008 school year, the Respondent made inappropriate gestures and comments to students, including: A. Sticking up her middle finger at a student and told him to “stick it up his behind,” or words to that effect; B. Held her nose when a student walked by her, intentionally causing the other students in the class to laugh; and C. Called students “nigga” or “nigger.” : The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. COUNT 2: The Respondent is in violation of Section 1012.795(1)(1), Florida Statutes, in that Respondent has violated an order of the Education Practices Commission. RULE VIOLATIONS 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 unnecessary embarrassment or disparagement. (SIGNATURE ON FOLLOWING PAGE) SHEILA R. BYER 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 Commnission 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 2 Cé* aay of August , 2009. DR. ERIG J. SMITH, as Comntnissioner of Education State of Florida

Docket for Case No: 13-000788PL