STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 123-1732 LALELEI BONITA KELLY, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against LALELE] BONITA KELLY. 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 819407, covering the area of Mathematics, which is valid through June 30, 2018. 2. At all times pertinent hereto, the Respondent held a valid Florida Educator’s Certificate. MATERIAL ALLEGATIONS a 3. On or about August 14, 2009 through September 14, 2009, Respondent knowingly submitted fraudulent writings or records to the South Plainfield Board of Education with the intent to deceive said entity by giving the impression that Respondent lived in South Plainfield, New Jersey so Respondent’s child could be enrolled in South Plainfield School District. As a result of the aforementioned conduct, Respondent was charged with Theft by Deception. Thereafter, Respondent entered into a pre-trial intervention agreement whereby Respondent stipulated to never gain, seek, or obtain public employment in New Jersey. LALELET BONITA KELLY Administrative Complaint Page 2 of 3 4, On or about November |, 2011, the New Jersey Department of Education State Board of Examiners reviewed information from the Middlesex County Prosecutor’s Office regarding Respondent’s aforementioned case. On or about January 26, 2012, the New Jersey State Board of Examiners sent Respondent an Order to Show Cause; on or about February 27, 2012, Respondent responded to said Show Cause Order. On or about March 20, 2012, the New Jersey Department of Education State Board of Examiners sent Respondent a hearing notice offering Respondent the opportunity to submit written arguments on the issue of whether the conduct addressed in the Order to Show Cause constituted conduct unbecoming a certificate holder. On or about June 21, 2012, Respondent's counsel appeared on behalf of Respondent at a hearing regarding the aforementioned matter, wherein, he requested the certification matter be held in abeyance until an appeal of the aforementioned criminal matter was resolved. On or about January 23, 2015, as a result of the aforementioned conduct and Respondent’s subsequent agreement to surrender her ability to serve in New Jersey’s public schools, the New Jersey Department of Education State Board of Examiners revoked Respondent's educator’s certificate, 5. On or about May 31, 2013, Respondent applied for a renewal of a Florida Educator’ s certificate. On said application, Respondent was asked “[dJo you have any current investigative action pending in this state or any other state against a professional license or certificate or against an application for a professional license or certificate?” and “|dJo you have any current disciplinary action pending in this state or any other state against a professional license or certificate or against an application for a professional license or certification?” Notwithstanding the fact that the New Jersey Department of Education had pending disciplinary and/or investigatory action against Respondent, Respondent answered, “[nJo” to the aforementioned questions. Respondent’s failure to acknowledge the investigations and disciplinary actions taken against her certificate was in conflict with her statement on the application that all information provided was true, accurate and complete. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of section 1012.795(1)(a), Florida Statutes, in that Respondent obtained or attempted to obtain a teaching certificate by fraudulent means. COUNT 2: The Respondent is in violation of section 1012,795(1)(e), Florida Statutes, in that Respondent has had an educator certificate sanctioned by revocation, suspension, or surrender in another state, COUNT 3: 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. LALELEI BONITA KELLY Administrative Complaint Page 3 of 3 RULE VIOLATIONS COUNT 4: — 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. 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; resiricting 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 \Hi* dayof “Wu, 2016. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 16-007028PL