STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 112-3132 KIMBERLY J. LEMON-HACK WORTH, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against KIMBERLY J. LEMON-HACK WORTH. 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 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 1. The Respondent holds Florida Educator’s Certificate 717372, covering the area of Physica] Education, which is valid through June 30, 2014. 2. Atall times pertinent hereto, the Respondent was employed as an Elementary Teacher at Park Lakes Elementary School in the Broward County School District. MATERIAL ALLEGATIONS 3. On or about March 14, 2003, the Education Practices Commission sanctioned the Respondent for inappropriately disciplining students. The Respondent received a letter of reprimand, was placed on three years of probation and was required to participate in the Recovery Network Program. See Final Order issued in Charlie Crist v. Kimberly Lemon-Hackworth, EPC Case No. 00- 0826-RT. 4. On or about June. 30, 2010, the Education Practices Commission sanctioned the KIMBERLY J. LEMON-HACK WORTH Administrative Complaint Page 2 of 3 Respondent for theft. The Respondent received a letter of reprimand and was placed on three years ofprobation, See Final Order issued in Dr. Eric J. Smith v. Kimberly Lemon-Hackworth, EPC Case No. 10-0115-RT. 5. On or about May 22, 2013, the Respondent engaged in inappropriate conduct towards several 3 grade students. Specifically: (a) the Respondent grabbed male student G.B. by his shirt and pushed him; and (b) when male student S.G. pushed into male student R.M., the Respondent encouraged R.M. to push 8.G. R.M. did so, and pushed $.G, much harder than S.G. had pushed R.M. 6. During the 2012-2013 school year, the Respondent made disparaging and/or inappropriate remarks to students. The Respondent called students “punks,” “fat” or “fat ass,” and on one occasion told G.B. that she was going to “whoop his ass” or words to that effect. 7. Pursuant to Section 1012.795(9)(b), Florida Statutes, and Rule 6B-1.007(5), Florida Administrative Code, the Respondent has been sanctioned by the Education Practices Commission on two prior occasions and is therefore subject to permanent revocation as a result of this present action. 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(6)(b), Florida Statutes, which provides that the Education Practices Commission shall adopt rules permanently revoking the individual's Florida educator certificate as the Respondent's certificate has been subject to sanctions by the Education Practices Commission on two previous occasions. RULE VIOLATIONS COUNT 3: The allegations of misconduct set forth herein are in violation of Rulé 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 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 6A- KIMBERLY J. LEMON-HACK WORTH Administrative Complaint Page 3 of 3 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement. 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 |2*"” aayor___ AuquSt _, 2013. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 14-000511PL