STATE OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, ; L Petitioner, V8. CASE NO, 112-1221. DARLENA THOMPSON, Respondent. ; / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative Complaint against DARLENA THOMPSON. The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s ecucator’s certificate pursuant to Sections 1012.315, 1012.795, and 101.796, Florida Statutes, and pursuant to Rule 6A-10.081, 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 I. The Resporident holds Florida Educator’s Certificate 782542, covering the areas of Mentally Handicapped and Specific Learning Disabilities, which is valid through June 30, 2014. 2. At all times pertinent hereto, the Respondent was employed as a Trainable Mentally Handicapped Teacher at Palm Avenue Exceptional Student Center School in the Duval County School District. MATERIAL ALLEGATIONS 3, During the 2010-2011 school year, Respondent was the primary teacher for a class of Trainable Mentally Handicapped students. 4, On or about March 18, 2011, Respondent asked M.F., a 6" orade male student, “Efow dumb can you be?” Respondent then snatched a, pencil ont of the hand of B.M., an gt grade male sindent, and threw the pencil at B.M., hitting B-M. in the chest. DARLENA THOMPSON Administrative Complaint Page. 2. of 3 5. On or about June 22, 2011, Respondent retired from ber position with Duval County Schools in Liew of termination. , 6. On or about September 16,2011, the State Attorney's Office charged Respondent with a misdemeanor charge of Battery and referred her case to the misdemearior pre-trial intervention division. 7. On or about September 21, 2011, Respondent agreed to and entered into a misdemeanor pre-trial intervention program (MPTI). 8. On or about November 1, 2011, Respondent completed the conditions of the MPTI. On or about November 8, 2011, the State Attorney's Office disposed of the criminal case without prosecution. The Petitioner charges: 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 [012.795(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)Q), 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 6A- 10.081(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the:student from conditions harmful to learming 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 6A- 10.081(3)(e), Florida Administrative Code, in, that Respondent has intentionally. exposed a student to unnecessary embarrassment or disparagement. COUNT 6: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(2), Florida Administrative Code, in that Respondent has harassed or discriminated against DARLENA THOMPSON Administrative Complaint Page 3 of 3 4 student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, séxual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from. harassment or discrimination. WHEREFORE, based on the teasons set forth herein and im 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 612.795(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 espondent’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. as EXECUTED on this are day of ~Jtuun, Rs 2013. DR. TONY BENNETT as Commissioner of Education State of Florida

Docket for Case No: 13-003712PL