STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-3009 CYNTHIA CHARLENE MILLER, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against CYNTHIA CHARLENE MILLER, The Petitioner seeks the appropriate disciplinary sanction of the Respondent’s educator’s certificate pursuant to sections 1012.315, 1012.795, and 1.012.796, 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 376474, covering the areas of Educational Leadership and Elementary Education, which is valid through June 30, 2019. 2. At alf times pertinent hereto, the Respondent was employed as a First Grade Teacher at West Jacksonville Elementary School in the Duval County School District. MATERIAL ALLEGATIONS, a 3. In or around January 31, 2014 through in or around March 7, 2014, Respondent failed to appropriately supervise, monitor, and/or control her class; consequently, Respondent failed to ensure a safe learning environment for the students in her classroom. Her failures include, but are not limited to: (a) in or around January 31, 2014, Respondent failed to maintain control of her classroom resulting in a physical altercation between students in her classroom; CYNTHIA CHARLENE MILLER Administrative Complaint Page 2 of 3 (b) in or around January 31, 2014, JJ., a male, first-grade student in Respondent’s classroom, left Respondent’s classroom without Respondent’s permission or knowledge; (c) in or around February 10, 2014, Respondent’s failure to supervise her students, resulted in one or more of her students making racially and/or sexually inappropriate comments to students in another classroom; and (d) in or around March 7, 2014, R.J., a male, first-grade student, left Respondent’s classroom without Respondent’s permission or knowledge. 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. RULE VIOLATIONS COUNT 2: 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. (SIGNATURE ON FOLLOWING PAGE) CYNTHIA CHARLENE MILLER Administrative Complaint Page 3 of 3 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 Comiplaint, 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. ty EXECUTED on this (2 dayor_ October 2015. VOttrte. | PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-003896PL