STATE OF FLORIDA EDUCATION PRACTICES COMMISSION PAM STEWART, as Commissioner of Education, Petitioner, vs. CASE NO. 156-1432 GENE ELLEN BUDD, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Pam Stewart, as Commissioner of Education, files this Administrative Complaint against GENE ELLEN BUDD. 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 714212, covering the areas of English and English for Speakers of Other Languages (ESOL), which is valid through June 30, 2020. 2. At all times pertinent hereto, the Respondent was employed as a Language Arts Teacher at John Floyd Elementary School in the Hernando County School District. MATERIAL ALLEGATIONS 3. On or about October 7, 2015, Respondent inappropriately disciplined a fourth grade, male student during class when she lightly slapped the student’s mouth multiple times in an effort to make the student stop talking and being disruptive. 4. On or about March 30, 2015, Respondent engaged in inappropriate conduct when she expressed her frustration with her class by slamming scissors onto a desk, causing the scissors to break apart and strike one student. GENE ELLEN BUDD Administrative Complaint Page 2 of 3 5. Respondent’s conduct during class, as alleged in paragraphs 3 and 4, herein, has resulted in a serious loss of her effectiveness as a teacher as evidence by: (a.) Respondent’s students being scared of and lacking respect for Respondent; and (b.) The parents of Respondent’s students being concerned about the educational environment in her classroom. 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){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(2)(a)1, 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) GENE ELLEN BUDD 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 on this 1Q%S dayot_ Cotober _,2016. PAM STEWART, as Commissioner of Education State of Florida

Docket for Case No: 17-002592PL