STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 123-1847 DESTA MARTIN KELLEHER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against DESTA MARTIN KELLEHER. 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 880532, covering the area of Prekindergarten/Primary Education, which is valid through June 30, 2017. 2, At all times pertinent hereto, the Respondent was employed as a Kindergarten Teacher at Scott Lake Elementary School in the Polk County School District. MATERIAL ALLEGATIONS 3. The Respondent has a prior strike against her certificate, On or about July 31, 2012, the Florida Commissioner of Education determined probable cause on Respondent's certificate. On or about January 29, 2014, the Educational Practices Commission issued a Final Order accepting a Settlement Agreement with the Respondent. 4. On or about May 21, 2012, the Respondent had possession of methamphetamine and drug paraphernalia. The Respondent was arrested for possession of methamphetamine and possession of drug paraphernalia. DESTA MARTIN KELLEHER Administrative Complaint Page 2 of 2 5. On or about June 7, 2012, an Information was filed charging the Respondent with possession of methamphetamine and possession of drug paraphernalia. 6. On or about September 16, 2013, the Respondent entered into a deferred prosecution agreement on both charges. Subsequently, the Respondent completed the requirements of the deferred prosecution agreement and the charges were nolle prossed. 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 ag defined by rule of the State Board of Education. 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 fo, amy 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, 9 day of _/M gach. ee 2015, PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 15-006279PL