STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 134-1490 NANCY LEVINE GUERRERA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against NANCY LEVINE GUERRERA. 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 392596, covering the area of Speech Correction, which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Speech- Language Pathologist at Skyway Elementary School in the Miami-Dade County School District. MATERIAL ALLEGATIONS 3: During the 2012/2013 school year, Respondent negligently and fraudulently completed student Individual Education Plans (IEPs). Respondent’s conduct included but may not have been limited to; a) On multiple occasions, Respondent forged the signature of Assistant Principal (AP) Cartwright-Rind on IEP forms without the AP’s knowledge or consent and without the AP having attended the IEP meetings. NANCY LEVINE GUERRERA Administrative Complaint Page 2 of 3 b) On multiple occasions, Respondent asked educators to sign IEP forms for meetings that they did not attend. c) Respondent had parents sign IEP forms subsequent to meetings for which they neither received notice nor attended. 4. During the 2012/2013 school year, Respondent amended services for C.Y., a male, first grade student, to eliminate C.Y.’s speech therapy without‘the knowledge or consent of C.Y.’s parents. Upon the insistence of his parent, C.Y. was evaluated and determined to require more speech therapy rather than less. As a result of Respondent’s conduct, C.Y. was under- served during the 2012/2013 school year. 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)G), 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(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(5)(a), Florida Administrative Code, in that Respondent has failed to maintain honesty in all professional dealings. COUNT 6: The Respondent is in violation of Rule 6A-10.081(5)(b), Florida Administrative Code, in that Respondent has submitted fraudulent information on a document in connection with professional activities. NANCY LEVINE GUERRERA 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 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 onthis ‘J day of September 2015, hy Pech PAM STEWART, as Commissioner of Education State of Florida STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. Case No.: 134-1490 NOTICE OF APPEARANCE Please take notice that the undersigned hereby files this Notice of Appearance on behalf of the Respondent in the above-referenced matter(s), Copies ofall pleadings, notices and correspondence regarding the above-referenced matter (s) are requested to be served on the undersigned. Respectfully submitted this_{@Z day of October, 2015. a = Branden Vicari Herdman & Sakellarides, P.A. 29605 U.S. Hwy 19 North, Suite 110 Clearwater, Florida 33761 (727) 785-1228 (727) 786-4107 (Fax) Florida Bar No.: 0086830 Attorney for Respondent CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via e- mail to Bonnie Wilmont, Esq., @ bonnie.wilmont@fldoe.org, this_!2Z day of October, 2015. r —_~_> Branden Vicari

Docket for Case No: 17-001896PL