STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 134-0489 ROSALINDA MORALES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against ROSALINDA MORALES, 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 967978, covering the areas of Elementary Education and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2019. 2. At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at Inwood Elementary School in the Polk County School District. MATERIAL ALLEGATIONS 4 3. During the 2012/2013 school year, Respondent failed to properly supervise students in her care. Respondent’s behavior included but was not limited to: e On or about March 8, 2013, Respondent failed to follow established dismissal protocol by leaving J.M., a female kindergarten student who had recently started at Respondent’s schoo! and was unfamiliar with the school or procedures, at the end of a line of students to be picked up by cars. It was Respondent’s ROSALINDA MORALES Administrative Complaint Page 2 of 3 responsibility to supervise students at the end of the car line until they were safely delivered to the appropriate vehicles for transport home. Instead of staying with the students, Respondent left to use the rest room without providing for alternate supervision, Asa result, .M. wandered off and was eventually found crying at a location off schoo! grounds. e On or about March 15, 2013, Respondent sent a female kindergarten student unescorted to the guidance office, a destination the student had never been to before. When the student reached the guidance office, she was crying and had no idea why she was there, * On or about May 8, 2013, Respondent attempted to remove D.S., a male kindergarten student, from her classroom. While Respondent was escorting D.S. to another classroom, he allowed his body to go limp and he fell to the floor. When D.S. refused to move, Respondent took by the arm and pulled D.S. along the floor on his stomach into another classroom. 4, On or about July 18, 2013, Respondent was suspended without pay by the District for a period of 5 days. 5, On or about August 6, 2013, Respondent was recommended for termination from her teaching position with the District. On or about August 8, 2013, Respondent appealed the termination and requested a formal hearing. 6. On or about January 17, 2014, an Administrative Law Judge issued a Recommended Order whereby he recommended that the District issue a final order terminating Respondent’s employment and finding, among other things, that Respondent: ® had impaired effectiveness as an educator e dragged a small child across the floor e® acted inappropriately placing a child’s physical and emotional welfare at risk 7. On or about March 12, 2014, the District terminated Respondent’s employment. The Petitioner charges: STATUTE VIOLATIONS COUNT i: 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 effectiveness as an employee of the school board. ROSALINDA MORALES Administrative Complaint Page 3 of 3 COUNT 2: The Respondent is in violation of Section 1012.795(1)G), 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 3: 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 4: 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. 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 Prograny; 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. { Let EXECUTED on this [YU dayor Oernsloee 2014 agi eb lores PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-000958PL