STATE OF FLORIDA. EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, Petitioner, VS. CASE NO. 112-2242 LAINIE KIM WOLFE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative Complaint against LAINIE KIM WOLFE. 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 690933, covering the areas of Guidance and Counseling, Pre-Kindergarten/Primary Education and Exceptional Student Education, which is valid through June 30, 2017. 2. At all times pertinent hereto, the Respondent was employed as an Exceptional Student Education Teacher at Golden Glades Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3. On or about April 3, 2006, the Florida Commissioner of Education filed an administrative complaint against Respondent, which indicated that he was seeking disciplinary sanction of Respondent’s Florida educator’s certificate for various instances of misconduct. In April 2006, Respondent received, by certified mail, a copy of the administrative complaint and explanation and election of rights forms. LAINIE KIM WOLFE Administrative Complaint Page 2 of 4 4, On or about November 22, 2006, the Colorado Department of Education Educator Licensing Unit received Respondent's initial educator license application. Respondent answered ‘no’ to the second question on the signed, sworn application oath and consent form, which reads: Have you ever had a teacher, principal, administrator or special services license, certificate or authorization or any other occupational permit, license, credential or equivalent document subjected to any disciplinary proceedings, including, but not limited to, annulment, denial, reprimand/admonition, suspension or revocation, or have you ever voluntarily surrendered such a document in Colorado or any other state or place, or are you currently under investigation by any licensing or credentialing agency or organization? 5. Inher application, Respondent did not include any information relating to the Florida Department of Education’s investigation ofher or about the disciplinary proceedings concerning her Florida educator’s certificate. 6. On or about September 6, 2011, Respondent entered into a Settlement Agreement with the Colorado Department of Education. In the Settlement Agreement, Respondent acknowledged that “the Settlement Agreement is the equivalent of a permanent revocation of any right she may have to hold a Colorado educator license. . .” 7. On or about March 27, 2012, in the presence of other students, Respondent slapped developmentally delayed 6-year-old student Z.A. in the face. 8. On or about April 4, 2012, Respondent’ s probationary employment with the Miami- Dade school district was terminated. 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 riile of the State Board of Education. COUNT 2: The Respondent is in violation of Section 1012.795(1)(e), Florida Statutes, in that Respondent has had an educator certificate sanctioned by revocation, susperision, or surrender in another state. COUNT 3: 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. LAINIE KIM WOLFE Administrative Complaint Page 3 of 4 COUNT 4: The Respondentis 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 5: 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 learning and/or to the student’s mental health and/or physical health and/or safety. COUNT 6: 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 7: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. (SIGNATURE ON FOLLOWING PAGE) LAINIE KIM WOLFE 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 8 — dayot auly 2013. 7 DR. TONY BENNETT as Commissioner of Education State of Florida

Docket for Case No: 14-001484PL