STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, VS. CASE NO. 1536-0925 MARGARET AGIN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Adrninistrative Complaint against MARGARET AGIN. The Petitioner seeks the appropriate disciplinary sanction of the Respondenit’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 L, The Respondent holds Florida Educator's Certificate 816814, covering the areas of Elementary Education, English for Speakers of Other Languages (“ESOL”) and Exceptional Student Education (“ESE”), which is valid through June 30, 2019. 2, At all times pertinent hereto, the Respondent was employed as an ESE Teacher at Rivers Edge Elementary School in the St. Lucie County School District. MATERIAL ALLEGATIONS 3. On or about September 8, 2015, Respondent reported for duty and was in the presence of students while under the influence of marijuana. Respondent was observed slurring her speech, emotional, confused and unable to understand conversation with her peers. Respondent submitted to a reasonable suspicion test, 4. As a result of her conduct alleged herein, Respondent was required by the Saint Lucie County Schoo! District to take a leave of absence from her employment beginning on or MARGARET AGIN Administrative Complaint Page 2 of 3 about September 16, 2015. Respondent was permitted to return to work on or about November 4, 2015. 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 1612.795(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 3: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3X(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) MARGARET AGIN 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 Complaint, Petitioner respectfully recommends that the Education Practices Commission impose an appropriate sanction against the Respondents 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 if. day of (Ywave.in , 2016, Comrnissioner of Education State of Florida

Docket for Case No: 16-006176PL