STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO, 090-2928 DEBORAH SWIRSKY-NUNEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewari, as Commissioner of Education, files this Administrative Complaint agains) DEBORAH SWIRSKY-NUNEZ. 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 582010, covering the areas of Educational Leadership, Emotionally Handicapped, English for Speakers of Other Languages (ESOL), Mentally Handicapped and Specific Learning Disabilities, which is valid through June 30, 2618. 2. At all times pertinent hereto, the Respondent was employed as an Administrator at the Miami-Dade County School District Regional Office. MATERIAL ALLEGATIONS 3. During the 2008/2009 school year, Respondent used her position and status with the District to have her two school age children, $.N. and J.N., approved for award under the John McKay Scholarship for Students with Disabilities Program (McKay). Respondent’s conduct included but was not limited to: A. Respondent provided a falsified address for S.N. and J.N. alleging that they DEBORAH SWIRSK Y-NUNEZ Administrative Complaint Page 2 of 4 resided in Miami-Dade County where Respondent was employed when S.N. and J.N. actually lived in Broward County. . B. Respondent registered $.N. at a Miami-Dade public high school for limited periods of Full Time Enrollment (FTE) periods while S.N. was still enrolled in and attending a private school. Respondent enrolled S.N. in the public high school for less than two weeks in October, removed S.N. from the rolls, re-enrolled the student for less than two weeks in February and once again removed S.N. from the schoo! for the remainder of the school year. Respondent’s sole purpose in enrolling S.N. in public high school was to fraudulently substantiate $.N.’s eligibility for a McKay scholarship. . Respondent used her position and status to expedite an Individual Education Pian (JEP) evaluation and an IEP for S.N. within one day of enrollment at the Miami-Dade high school, a process that usually takes months. Respondent scheduled or used her influence to have others schedule S.N.’s evaluation and plan prior to other students who had been waiting longer. . Respondent failed to ensure that all supporting documents for S.N.’s IEP evaluation were correct and true and properly signed by the appropriate individuals. . Respondent used her position and influence to convince educators who had not participated in S.N.’s evaluation to sign the IEP forms. As aresult of Respondent's conduct, S.N. was deemed eligible for over $11,000 in McKay scholarship funds. . Respondent temporarily enrolled JN. ata Miami-Dade County elementary school, while the family still lived in Broward County and without removing the student from his Broward County elementary school. Respondent used her position and status to convince the Miami-Dade principal to violate district protocol in order to have J.N. tested for gifted services. Additionally, Respondent used the identification number provided by the principal’s action to have an IEP created for J.N. without the principal’s knowledge or consent. Even though, J.N. was tested for gifted services and an JEP was created for him through the Miami-Dade elementary school, J.N. never attended the school. . Respondent provided the Miami-Dade created IEP for J.N. to his elementary schoo! in Broward County and it was adopted by that school and subsequently used to qualify J.N. fora McKay scholarship award in excess of $7,000. DEBORAH SWIRSKY-NUNEZ Administrative Complaint Page 3 of 4 4, On or about June 17, 2010, the District initiated dismissal proceeding against Respondent as a result of her conduct. Respondent timely requested an administrative hearing before the Division of Administrative Hearings (DOAH). On or about December 20, 2012, the Administrative Law Judge (ALJ) issued a Recommended Order recommending that the District terminate Respondent’s employment, On or about December 19, 2012, the District adopted the ALJ’s Recommended Order and terminated. Respondent’s employment. 5, As a result of Respondent's above referenced actions, on or about June 8, 2010, Respondent was arrested and charged with one count of felony Third Degree Grand Theft and two counts of felony Organized Fraud. On or about October 25, 2013, Respondent entered into a negotiated plea agreement in settlement of the charges. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: 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. COUNT 2: The Respondent is in violation of Section 1012.795(1)q), Florida Statutes, in that Respondent has violated the Principies 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(4)(b), Florida Administrative Code, in that Respondent has intentionally distorted or misrepresented facts concerning an educational matter in direct or indirect public expression. COUNT 5: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(4)(c), Florida Administrative Code, in that Respondent has used institutional privileges for personal gain or advantage. COUNT 6: 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. COUNT 7: The Respondent is in violation of Rule 6A-10.081(5)(h), Florida DEBORAH SWIRSK Y-NUNEZ Administrative Complaint Page 4 of 4 Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. 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_ [5 _ aay of April 2015. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-000620PL